Com. of Ky. v. Ford

543 S.W.3d 579
CourtCourt of Appeals of Kentucky
DecidedFebruary 9, 2018
DocketNO. 2016-CA-001774-MR
StatusPublished
Cited by2 cases

This text of 543 S.W.3d 579 (Com. of Ky. v. Ford) is published on Counsel Stack Legal Research, covering Court of Appeals of Kentucky primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Com. of Ky. v. Ford, 543 S.W.3d 579 (Ky. Ct. App. 2018).

Opinion

CLAYTON, JUDGE:

The Commonwealth of Kentucky brings this appeal from a Daviess Circuit Court order granting Ricky William Ford's motion to expunge his felony convictions. The Commonwealth argues that the expungement was erroneously granted because Ford's convictions arose from multiple incidents, whereas the expungement statute, Kentucky Revised Statutes (KRS) 431.073, only permits expungements of convictions arising from a single incident.

In 1974, a Daviess County grand jury returned an indictment charging Ford with *580four counts of uttering a forged check under Kentucky Revised Statutes (KRS) 434.130 (now KRS 516.030 and KRS 516.060 ).

Count 1: That on or about the 10th day of January, 1974, in Daviess County, Kentucky, the above named defendant uttered a $100.00 check to First Home Federal Savings and Loan Association drawn on the Citizens State Bank, Owensboro, Kentucky, and bearing the forged signature of R.F. Stainback ...
Count 2: That on or about the 15th day of January, 1974, in Daviess County, Kentucky, the above named defendant uttered a $150.00 check to First Home Federal Savings and Loan Association drawn on the Citizens State Bank, Owensboro, Kentucky, and bearing the forged signature of R.F. Stainback ...
Count 3: That on or about the 17th day of January, 1974, in Daviess County, Kentucky, the above named defendant uttered a $50.00 check to Citizens State Bank drawn on the Citizens State Bank, Owensboro, Kentucky, and bearing the forged signature of R.F. Stainback ...
Count 4: That on or about the 19th day of January, 1974, in Daviess County, Kentucky, the above named defendant uttered a $50.00 check to Leet's Grocery drawn on the Citizens State Bank, Owensboro, Kentucky, and bearing the forged signature of R.F. Stainback ...

On May 13, 1974, Ford pleaded guilty to all four counts and received a sentence of two years on each of the four counts with Counts 1 and 2 to be served consecutively and Counts 3 and 4 to be served concurrently with Counts 1 and 2, for a total sentence of four years. Ford was granted shock probation for the remainder of his sentence two months later. In 1993, the governor restored Ford's civil rights.

In August 2016, Ford filed a motion seeking to expunge the charges. The Commonwealth opposed the motion contending that the charges were not eligible for expungement because they did not arise from a single incident as required by the statute. The circuit court heard arguments on the matter and granted the motion. This appeal by the Commonwealth followed.

The expungement statute, KRS 431.073, provides in pertinent part as follows:

Any person who has been convicted of a Class D felony violation of KRS 17.175, 186.990, 194A.505, 194B.505, 217.181, 217.207, 217.208, 218A.140, 218A.1415, 218A.1416, 218A.1417, 218A.1418, 218A.1423, 218A.1439, 218A.282, 218A.284, 218A.286, 218A.320, 218A.322, 218A.324, 244.165, 286.11-057, 304.47-025, 324.990, 365.241, 434.155, 434.675, 434.850, 434.872, 511.040, 512.020, 514.030, 514.040, 514.050, 514.060, 514.065, 514.070, 514.080, 514.090, 514.100, 514.110, 514.120, 514.140, 514.150, 514.160, 516.030, 516.060, 516.090, 516.108, 517.120, 518.040, 522.040, 524.100, 525.113, 526.020, 526.030, 528.020, 528.040, 528.050, 530.010, or 530.050, or a series of Class D felony violations of one (1) or more statutes enumerated in this section arising from a single incident , or who has been granted a full pardon, may file with the court in which he or she was convicted an application to have the judgment vacated. The application shall be filed as a motion in the original criminal case. The person shall be informed of the right at the time of adjudication.

KRS 431.073(1) (emphasis added).

The statute under which Ford was charged, KRS 434.130, was repealed in 1975 and replaced with KRS 516.030 (Forgery in the Second Degree) and KRS 516.060 (Criminal Possession of a Forged Instrument in the Second Degree). These statutes are both included in the list of *581felonies eligible for expungement. The Commonwealth does not dispute that the forgery charges are included in the list of eligible offenses, but argues that the convictions may not be expunged because they did not arise from a "single incident."

The interpretation of a statute is a matter of law and consequently is reviewed de novo. Bob Hook Chevrolet Isuzu, Inc. v. Com. Transp. Cabinet , 983 S.W.2d 488, 490 (Ky. 1998). "[T]he cardinal rule of statutory construction is that the intention of the legislature should be ascertained and given effect." MPM Fin. Grp., Inc. v. Morton , 289 S.W.3d 193, 197 (Ky. 2009) (internal citations omitted). In interpreting a statute, "[w]e have a duty to accord to words of a statute their literal meaning unless to do so would lead to an absurd or wholly unreasonable conclusion." Cosby v. Commonwealth, 147 S.W.3d 56, 59 (Ky. 2004) (quoting Bailey v. Reeves, 662 S.W.2d 832, 834 (Ky. 1984) ). "[T]he plain meaning of the statutory language is presumed to be what the legislature intended, and if the meaning is plain, then the court cannot base its interpretation on any other method or source." Revenue Cabinet v. O'Daniel , 153 S.W.3d 815, 819 (Ky. 2005) (internal citations and quotation marks omitted).

The term "single incident" is not defined for purposes of KRS 431.073(1).

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Bluebook (online)
543 S.W.3d 579, Counsel Stack Legal Research, https://law.counselstack.com/opinion/com-of-ky-v-ford-kyctapp-2018.