COA, 2/15/13,
not to be published-
The Court remanded the case to the circuit court
with directions to enter an order that conforms with the sentencing length
restriction in KRS 532.110, as provided in KRS 532.080. The Circuit Court
had run sentences consecutively for cases emanating from two different counties
in the judicial circuit for a contemporaneous crime spree.
At the entry
of the first 16 year judgment on four class D convictions, the Circuit Court
was silent as to how the sentences from the other county would run. Two
weeks later, in the second county, a total sentence of 16 years was ordered to
run consecutive to the 16 years from the other county, for a total of 32 years.
The Court held such violative of KRS 532.110’s proscription of sentences that
would exceed the longest available sentence for one convicted of that class of
crime and being a PFO (KRS 532.080). The Court relied upon the Kentucky
Supreme Court’s Opinion in Goldsmith v. Commonwealth, 363 S.W.3d 330
(Ky. 2012), emanating from the same judicial circuit.
Linda Horsman of
the Appeals Branch represented Mr. Throgmorton on appeal, and was assisted by Molly
Mattingly, as then-motions attorney, in getting belated appeal granted
after the Circuit Court clerk misplaced one of the Notices of Appeal, and Amanda
Branham of DPA Paducah, who ably preserved this issue for appeal in circuit
court.
