Friday, June 12, 2015

KYCA - Stewart - Correcting PSI

Lee A. Stewart v. Commonwealth, 2013-CA-001716, rendered 5/22/15, to be published, reversing and remanding. Opinion by Chief Judge Acree, Moore and Thompson concurring.

            Because the trial judge should have allowed Stewart an opportunity to controvert alleged errors in his Presentence Investigation Report (PSI), the Court of Appeals reversed and remanded with instructions to afford Stewart “the fair opportunity, within a reasonable period of time, to controvert the findings contained in the PSI.”

It is not DOC’s job to correct a PSI, and they will not do so. It is the trial court’s job not merely to “note” errors in a PSI, but to afford an opportunity to put on evidence, and to correct the PSI accordingly.

            The proper procedure for challenging a faulty PSI is by direct appeal. A challenge to the PSI can be raised on direct appeal even if no other issue is raised.

Contributed by Susan Balliet.