Friday, February 23, 2018

KYCOA - Evans - Sentencing/Parole Eligibility

Garfield Evans v.Commonwealth, 2016-CA-1632, to be published-palpable error in sentencing

Mr. Evans was convicted of three counts of third degree assault. During the sentencing phase, a probation and parole officer testified that Mr. Evans would be eligible for parole in 3 years if he received the maximum sentence of 15 years. In closing, the Commonwealth told the jury that Mr. Evans was “only looking at three years to serve,” if he was given the maximum sentence of 15 years. During deliberation the jurors sent the trial court a question asking how many years Mr. Evans would actually serve if they gave him a 12 year sentence. The trial court declined to answer. 

The Court of Appeals found that the Commonwealth’s misrepresentation resulted in palpable error and remanded for a new sentencing. Mr. Evans was represented by Erin Hoffman Yang on appeal.