Friday, January 24, 2014

KYCOA - Childress - Voiding Felony Conviction

Childress v. Commonwealth, COA, 1/24/14, to be published
The trial court erred by relying on the old 2011 version of KRS 218A.275(8). Under the old version only misdemeanors could be set aside. But under the 2012 version of KRS 218A.275(8) effective July 12, 2012, first-time convictions for possession of controlled substances—including felony convictions--may set aside and voided upon satisfactory completion of treatment, probation, or other sentence. The case was remanded for further proceedings.
Contributed by Susan Balliet