COMMONWEALTH of Kentucky, Appellant,
v.
Clark J. GROSS, II, Appellee.
Supreme Court of Kentucky.https://leagle.com/images/logo.png
October 24, 1996.
Rehearing Denied January 30, 1997.
Attorney(s) appearing for the Case
Anita M. Britton, Stoll, Keenon & Park, Lexington, KY, William E. Johnson, Johnson, Judy, True & Guarnieri, L.L.P., Frankfort, KY, for appellee.
A.B. Chandler, III, Attorney General, David A. Smith, Criminal Appellate Division, Frankfort, KY, Raymond Larson, Tamra Gormley, Lexington, KY, for appellant.
Kentucky State Lodge of Fraternal Order of Police, Stephen D. Wolnitzek, Covington, KY, Kentucky Chiefs of Police Association, Michael A. Stidham, Commonwealth's Attorney, Jackson, KY, Kentucky County Attorneys Association, Clay M. Bishop, Jr., Manchester, KY, Kentucky Commonwealth's Attorney Association, Steve A. Wilson, Commonwealth Attorney, Bowling Green, KY, Center for Women and Families, Joni L. Grayson, Jeffersonville, IN, Center for Women and Families, Citizens & Victims for Justice Reform, Concerned Christians in Kentucky, Inc., Creative Employment Program, Cumberland River Comprehensive Care Center, Cumberland River Rape Victim Services, Domestic Violence Prevention Board, Domestic Violence Program, Jamestown Clinic, Kentuckians' Voice for Crime Victims, Kentucky Commission on Women, Kentucky Domestic Violence Association, Kentucky Victims Coalition, Inc., Kentucky Women Advocates, Lexington Rape Crisis Center, Marion County Chapter, Bluegrass Chapter, Henderson County Chapter, Pathways, Inc., Rape Relief Center, Inc., Seven Counties Services, Inc., Spouse Abuse Shelter, Inc., YWCA Spouse Abuse Center, Kathleen S. Bean, Professor of Law, University of Louisville, School of Law, Louisville, KY, for Amicus Curiae.
Supreme Court of Kentucky.
BAKER, Justice.
The issue in this post-conviction controversy concerns whether a circuit court has jurisdiction to enter a probated sentence subsequent to the final affirmance of a conviction on appeal.
In February of 1992, Clark Gross was convicted in the Fayette Circuit Court of First Degree Rape of his former fiance as well as Second Degree Burglary in gaining entry to her apartment. The jury recommended concurrent sentences totaling 13 years. Subsequently...
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