Britt v. Commonwealth

965 S.W.2d 147, 1998 Ky. LEXIS 45, 1998 WL 124186
CourtKentucky Supreme Court
DecidedMarch 19, 1998
Docket97-SC-285-DG, 97-SC-283-DG
StatusPublished
Cited by7 cases

This text of 965 S.W.2d 147 (Britt v. Commonwealth) is published on Counsel Stack Legal Research, covering Kentucky Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Britt v. Commonwealth, 965 S.W.2d 147, 1998 Ky. LEXIS 45, 1998 WL 124186 (Ky. 1998).

Opinions

STUMBO, Justice.

Although not consolidated for oral argument, these two cases were argued before the Court on the same day and involve the same issue. The Court, therefore, will resolve both cases in this single opinion.

Appellant Andre Leshawn Morris was arrested in February of 1995 for the robbery of an ice cream shop at gunpoint. He was sixteen years old at the time of the robbery. A juvenile petition was filed on February 22, 1995, and a probable cause hearing later was held in Juvenile Court, whereupon the district court judge determined that probable cause existed to believe Morris committed the robbery with a firearm and that he was over fourteen years of age at the time. Accordingly, pursuant to KRS 635.020(4), Morris was transferred to circuit court.

After the grand jury returned an indictment charging him with first degree robbery, Morris entered a conditional guilty plea to an amended charge of second degree robbery with a recommended sentence of eight (8) years imprisonment. Prior to final sentencing, Morris filed a motion requesting to be sentenced as a “youthful offender” in accordance with KRS Chapter 640. The trial court denied the motion, determining that, pursuant to KRS 635.020(4), Morris was to be sentenced as an “adult offender,” not as a “youthful offender,” and thus KRS 533.060(1) prohibited granting him probation.

Similarly, Appellant Brad Joseph Britt was arrested in 1995 for robbing a convenience store at gunpoint in June of that year. Because he was seventeen years old at the time of the robbery, Britt was brought before the Juvenile Session of the Jefferson District Court for arraignment. The district court judge conducted a preliminary hearing and found probable cause to believe Britt had committed robbery with a firearm and that he was over fourteen years of age. Accordingly, pursuant to KRS 635.020(4), Britt’s case was transferred to circuit court. After the grand jury returned an indictment against him on the robbery charge, Britt pled guilty. In contrast to Morris’s case, however, the circuit court judge presiding over Britt’s ease found that Britt was a “youthful offender” eligible for probation pursuant to KRS 640.040(3). He then imposed a 10-year sentence on Britt, but probated him after six (6) months in jail.

Morris appealed his conviction, and the Commonwealth appealed the circuit court’s decision ruling Britt eligible for probation. In both cases, rendered on the same day, a sharply divided Court of Appeals, sitting en banc, held that pursuant to KRS 635.020(4), a juvenile over the age of 14 who commits a felony with a firearm is an “adult offender,” to be treated as an adult for all purposes related to that crime, and not to be treated as a juvenile pursuant to Chapter 640. The court reasoned that because KRS 635.020(4) mandates that children transferred to circuit court under its provisions are to be subject to “the same penalties as an adult offender” (except as to the place of incarceration until the age of eighteen), any juvenile transferred pursuant to KRS 635.020(4) for use of a firearm is subject to the KRS 533.060(1) ban on probation and is ineligible for the exemption from that ban afforded to “youthful offenders” by KRS 640.040(3). Accordingly, [149]*149the court affirmed Morris and reversed and remanded Britt.

In 1996, the General Assembly amended KRS 600.020(55) (formerly KRS 600.020(52)). Effective July 15, 1997, the statutory definition of “youthful offender” includes “any person regardless of age, transferred to Circuit Court under the provisions of KRS Chapter 635 or 640 and who is subsequently convicted in Circuit Court.” KRS 600 .020(55). The words “635 or” have been added to the definition that was in effect at the time both Britt and Morris were sentenced. Despite these amendments, which Appellants argue clarify the legislature’s intent regarding the pre-1997 statutes, the Court of Appeals denied rehearing of both cases.

Considering the significant question of statutory interpretation, the differing results reached by each circuit judge, and the badly splintered Court of Appeals decisions, this Court granted discretionary review of both cases.

Appellants argue that the language of KRS 635.020(4), which states that a child who falls under its provisions shall be tried in the circuit court “as an adult offender,” does not preclude a child from also being considered a “youthful offender” under KRS Chapter 640. Consequently, Appellants argue, although such a child “shall be subject to the same penalties as an adult offender,” such as the term of years authorized for offenses by KRS 532.030 and KRS 532.060, the child may also take advantage of the ameliorative provisions of KRS 640.040.

The Commonwealth, on the other hand, argues that the plain wording of KRS 635.020(4) removes offenders such as Appellants from the purview of the juvenile code. Because a child transferred to circuit court pursuant to the statute, who is subsequently tried and convicted, is subject to the “same penalties” as an adult offender convicted of having committed the same crime, the prohibition of consideration for probation, shock probation, and conditional discharge set out in KRS 533.060(1) applies. Although “youthful offenders” may be eligible for the ameliorative provisions of KRS 640.040, which, among other things, exempt youthful offenders from the limitations on probation, parole, and conditional discharge set forth in KRS 533.060

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Britt v. Commonwealth
965 S.W.2d 147 (Kentucky Supreme Court, 1998)

Cite This Page — Counsel Stack

Bluebook (online)
965 S.W.2d 147, 1998 Ky. LEXIS 45, 1998 WL 124186, Counsel Stack Legal Research, https://law.counselstack.com/opinion/britt-v-commonwealth-ky-1998.