Tuesday, August 25, 2015

KYCOA - Brann - Probation Revocation

Michael Brann v. Commonwealth, COA, 8/21/15, to be published.
The Court of Appeals vacated and remanded the Grave’s Circuit Court’s Order revoking Brann’s probation for further consideration of KRS 439.3106. The Kentucky Supreme Court granted discretionary review and remanded the case back to the Court of Appeals for further consideration in light of its decision in Commonwealth v. Andrews, 448 S.W.3d 773 (Ky. 2014). 
Brann was charged with violating the conditions of probation as follows: 1) failure to attend treatment for substance abuse; 2) falsifying a police report; and 3) failure to report to probation officer. Brann did not dispute his violations but argued that they were insufficient grounds to revoke his probation under statute. The Court of Appeals found that, “In the instant case, the trial court did not articulate that it had considered KRS 439.3106 in its order revoking Brann’s probation. Thus, we vacate the Graves Circuit Court’s order revoking Brann’s probation and remand for consideration under KRS 439.3106 in light of the Supreme Court of Kentucky’s opinion in Andrews.”
Jason Apollo Hart of the Appeals Branch represented Mr. Brann on Appeal and Nathan W. Goodrich preserved this issue for appeal in the circuit court.