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JONES v. COM.

No. 91-CA-000327-MR.

839 S.W.2d 569 (1992)

Randy JONES, Appellant, v. COMMONWEALTH of Kentucky, Appellee.

Court of Appeals of Kentucky.

October 9, 1992.

Attorney(s) appearing for the Case

Jim M. Alexander, Lexington, for appellant.

Chris Gorman, Atty. Gen., Laura Early, Asst. Atty. Gen., Frankfort, for appellee.

Before LESTER, C.J., and JOHNSON and MILLER, JJ.

JOHNSON, Judge.

This is an appeal from a Harlan Circuit Court Order Denying Probation Pursuant to KRS 533.020(2). The circuit court, we believe, correctly held that KRS 533.020(2) concerning probation with an alternative sentence applies only "[w]hen a person who has been convicted . . . is not sentenced to imprisonment. . . ." Accordingly, we affirm.

Appellant, Randy Jones, on January 27, 1989, pled guilty to trafficking in Codeine, a Schedule III Controlled...

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