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.
