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COMMONWEALTH v. TAPP

2014-SC-000607-DG.

497 S.W.3d 239 (2016)

COMMONWEALTH of Kentucky, Appellant v. David TAPP, Appellee.

Supreme Court of Kentucky.

RENDERED: SEPTEMBER 22, 2016.

Attorney(s) appearing for the Case

COUNSEL FOR APPELLANT: Andy Beshear , Attorney General of Kentucky, Todd Dryden Ferguson , Assistant Attorney General.

COUNSEL FOR APPELLEE: Samuel N. Potter , Department of Public Advocacy.

The circuit court revoked David Tapp's probation. On appeal, the Court of Appeals vacated the circuit court's order, and the Commonwealth appeals from that Court's opinion. With a critical difference in analysis and for the reasons set forth below, we affirm.

I. BACKGROUND.

On January 6,...

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