FLYNT v. COM.

No. 2000-SC-0587-MR, 2000-SC-0399-TG.

105 S.W.3d 415 (2003)

Dustin M. FLYNT, Appellant, v. COMMONWEALTH of Kentucky, Real Party in Interest, and Gregory M. Bartlett, Judge, Kentucky Circuit Court, Appellee. and Commonwealth of Kentucky, Appellant, v. Jimmy Elliott, Appellee.

Supreme Court of Kentucky.

May 22, 2003.


Attorney(s) appearing for the Case

H. Louis Sirkin, Jennifer M. Kinsley, Laura A. Abrams, Sirkin, Pinales, Mezibov & Schwartz, Cincinnati, OH, W. Robert Lotz, Jr., Covington, for Appellant, Dustin M. Flynt.

A.B. Chandler, III, Attorney General, Matthew D. Nelson, Assistant Attorney General, Office of Attorney General, Criminal Appellate Division, Frankfort, for Appellee, Commonwealth of Kentucky, Real Party in Interest.

Appellee, Gregory M. Bartlett, Judge, Kenton Circuit Court, Covington.

A.B. Chandler, III, Attorney General, Donald C. Buring, Kenton County Commonwealth Attorney, Covington, Matthew D. Nelson, Assistant Attorney General, Office of Attorney General, Criminal Appellate Division, Frankfort, for Appellant, Commonwealth of Kentucky.

Dennis Stutsman, Department of Public Advocacy, Appellate Branch Manager, Frankfort, for Appellee, Jimmy Elliott.


KELLER, Justice.

I. ISSUE

Because each of these two separate appeals presents an issue of first impression requiring us to interpret Kentucky's Pretrial Diversion statutes,1 we have elected to address them in a single opinion. In accordance with KRS 533.250(1), Kenton Circuit Court submitted for this Court's approval a Class D Felony Pretrial Diversion Program, which we approved. Because...

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