COOPER v. COM.

No. 94-CA-0014-MR.

902 S.W.2d 833 (1995)

Brian COOPER, Appellant, v. COMMONWEALTH of Kentucky, Appellee.

Court of Appeals of Kentucky.

Discretionary Review Denied by Supreme Court August 16, 1995.


Attorney(s) appearing for the Case

Jennifer J. Hall, Frankfort, for appellant.

Chris Gorman, Atty. Gen., E.M. Lowery, Asst. Atty. Gen., Frankfort, for appellee.

Before COMBS, GARDNER and WILHOIT, JJ.


COMBS, Judge:

This case involves an issue of first impression in this Commonwealth; i.e., whether a court-ordered pre-sentence "yard restriction" constitutes "custody" for which credit for time served must be granted. The Appellant contends that this restriction amounted to pre-conviction custody, for which he should have received credit against his jail sentence. In addition, he argues that the denial of credit violated the Double Jeopardy and Equal Protection...

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