SUTHERLAND v. COM.

Nos. 93-SC-534-DG, 92-CA-1531.

910 S.W.2d 235 (1995)

Jesse Lee SUTHERLAND, Movant, v. COMMONWEALTH of Kentucky, Respondent.

Supreme Court of Kentucky.

November 22, 1995.


Attorney(s) appearing for the Case

Daniel T. Goyette and Bruce P. Hackett, Louisville, for Movant.

Chris Gorman, Attorney General and Gregory C. Fuchs, Assistant Attorney General, Frankfort, for Respondent.


MEMORANDUM OPINION OF THE COURT

The controversy in this case concerns the operation and application of KRS 533.040(3). The specific issue is whether a trial court may make a ruling in a motion to revoke probation, when that ruling is made more than 90 days after the Department of Corrections becomes aware of reasons to revoke.

The statute reads as follows:

A sentence of probation or conditional discharge shall run concurrently with any federal or...

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