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BARD v. COM.

No. 2010-SC-000283-DG.

359 S.W.3d 1 (2011)

Peter BARD, Appellant, v. COMMONWEALTH of Kentucky, Appellee.

Supreme Court of Kentucky.

Rehearing Denied February 23, 2012.

As Modified March 16, 2012.

Attorney(s) appearing for the Case

Daniel T. Goyette , Louisville Metro Public Defender, James David Niehaus , Deputy Appellate Defender, Angela Marie Rea , Louisville Metro Public Defender, Louisville, KY, Counsel for Appellant.

Jack Conway , Kentucky Attorney General, James Coleman Shackelford , Assistant Attorney General, Office of Criminal Appeals, Frankfort, KY, Counsel for Appellee.

Opinion of the Court by Justice SCOTT.

This case presents the question of whether the Department of Corrections can correct an alleged error in the calculation of a presentencing custody credit after the calculation is incorporated into the court's final judgment. Here, the Jefferson Circuit Court found that the Department of Corrections had the authority to modify the defendant's presentencing custody credit six years after it was originally established. The Court...

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