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MACHNIAK v. COM.

Nos. 2008-SC-000352-DG, 2009-SC-000317-TG, 2009-SC-000342-TG.

351 S.W.3d 648 (2011)

Joshua MACHNIAK, Appellant, v. COMMONWEALTH of Kentucky, Appellee, and Joshua Machniak, Appellant, v. Commonwealth of Kentucky, Appellee.

Supreme Court of Kentucky.

September 22, 2011.

Attorney(s) appearing for the Case

Joseph Brandon Pigg , Assistant Public Advocate, Department of Public Advocacy, Frankfort, KY, for appellant.

Jack Conway , Attorney General, Susan Roncarti Lenz , Assistant Attorney General, Office of Attorney General, Criminal Appellate Division, Frankfort, KY, for Appellee.

Opinion of the Court by Justice ABRAMSON.

Joshua Machniak received a three-year prison sentence, probated for three years, but upon revocation of his probation approximately eight months after formal sentencing, the trial court imposed instead a twenty-year prison sentence. While this escalated twenty-year sentence upon revocation of probation was in accord with Machniak's plea agreement, it was contrary to the trial court's written judgment entered at the time of...

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