Thursday, February 28, 2013

KYCOA Feb 15 - Throgmorton - KRS 532.110

COA, 2/15/13, not to be published-  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.