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BARKER v. COM.

Nos. 2010-SC-000116-DG, 2010-SC-000123-DG.

379 S.W.3d 116 (2012)

Gerald BARKER, Appellant v. COMMONWEALTH Of Kentucky, Appellee. and Commonwealth Of Kentucky, Appellant v. Ryan Jones, Appellee.

Supreme Court of Kentucky.

September 20, 2012.

Attorney(s) appearing for the Case

Frederick W. Rhynhart , Newark, DE, for Appellant Gerald Barker.

Jack Conway , Attorney General of Kentucky, Joshua D. Farley , Assistant Attorney General, Attorney General's Office, Office of Criminal Appeals, Frankfort, KY, for Appellee Commonwealth Of Kentucky.

Jack Conway , Attorney General of Kentucky, James Hays Lawson , Assistant Attorney General, Office of Criminal Appeals, Office of the Attorney General, Zrankfort, KY, for Appellant Commonwealth Of Kentucky.

Shelly R. Fears , Assistant Public Advocate, Department of Public Advocacy, Frankfort, KY, for Appellee Ryan Jones.

Opinion of the Court by Chief Justice MINTON.

I. INTRODUCTION.

We granted discretionary review of these two probation revocation cases to consider whether the trial court may proceed to hold evidentiary hearings to revoke or modify probation when the grounds for revocation or modification are new, unresolved criminal charges against the probationer. We hold:

• The trial court is not required to...

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