Edwards v. Harrod

391 S.W.3d 755, 2013 WL 646174, 2013 Ky. LEXIS 4
CourtKentucky Supreme Court
DecidedFebruary 21, 2013
DocketNo. 2010-SC-000770-DG
StatusPublished
Cited by10 cases

This text of 391 S.W.3d 755 (Edwards v. Harrod) 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
Edwards v. Harrod, 391 S.W.3d 755, 2013 WL 646174, 2013 Ky. LEXIS 4 (Ky. 2013).

Opinion

Opinion of the Court by

Chief Justice MINTON.

Kentucky’s Youthful Offender Statute classifies as a youthful offender a minor charged with a certain level of criminal offense and directs the transfer of that youthful offender’s case to circuit court for trial as an adult.1 We granted discretionary review of the present case to consider whether youthful offenders who are convicted and sentenced in circuit court can also be classified as violent offenders subject to the parole-eligibility restrictions imposed by Kentucky’s Violent Offender Statute.2 We hold that they can.

In considering this issue, we take the opportunity to clarify the breadth of our holding in Commonwealth v. Merriman3 that the probation-eligibility restriction of the Violent Offender Statute does not apply to youthful offenders. The holding in Merriman does not extend to the parole limitations of the Violent Offender Statute because of the difference between probation and parole and the dissimilar statutory requirements for granting probation and parole to youthful offenders. Although the legislature did not intend the probation constraints on violent offenders to apply to youthful offenders, it did intend to subject youthful offenders to the parole restrictions of the Violent Offender Statute.

I. FACTUAL AND PROCEDURAL BACKGROUND.

Anthony Edwards pleaded guilty to three counts of first-degree robbery and was sentenced to a total of 10 years’ imprisonment. He was a minor at the time he committed these Class B felonies; and because the offenses involved a firearm, he was automatically transferred to circuit court as a youthful offender to be tried as an adult.4 Edwards served his sentence for the crimes with the Department of Juvenile Justice (DJJ) for approximately 6 months. In accordance with the Kentucky Unified Juvenile Code, the trial court held a “resentencing” hearing when Edwards reached 18 years of age.5 At this hearing, the trial court determined that Edwards should be granted probation on his 10-year sentence. Edwards violated his probation and, three years later, appeared before the trial court on the charge of probation violation. The trial court revoked Edwards’s probation and sentenced Edwards to the Department of Corrections (DOC) to serve his sentence.

The DOC classified Edwards as a violent offender, a status that restricted Edwards’s parole eligibility. Edwards filed a declaration of rights action in the Franklin Circuit Court arguing that the DOC erred in classifying him as a violent offender because he was a youthful offender. The circuit court agreed, based on this Court’s Merriman opinion. But the Court of Appeals reversed, holding that the Violent Offender Statute applied to youthful of[757]*757fenders for purposes of parole eligibility. We affirm the decision of the Court of Appeals.

II. THE PAROLE-ELIGIBILITY RESTRICTIONS OF THE VIOLENT OFFENDER STATUTE APPLY TO YOUTHFUL OFFENDERS.

A. The Interplay Between the Violent Offender and Youthful Offender Statutes.

We begin, as we must in all cases involving statutory interpretation, by “ascertain[ing] and giv[ing] effect to the intent of the General Assembly.”6 We achieve this by examining the plain language of the Violent Offender and Youthful Offender Statutes. In undertaking this examination, we remain mindful that “[w]e are not at liberty to add or subtract from the legislative enactment or discover meanings not reasonably ascertainable from the language used.”7

The Violent Offender Statute, KRS 4B9.3401, confers the status of violent offender to those convicted of certain crimes.8 A violent offender convicted of a capital offense or a Class A or B felony cannot “be released on probation or parole until he has served at least eighty-five percent (85%) of the sentence imposed.”9 The Violent Offender Statute also limits the sentencing credit the parole board can award violent offenders.10 The crimes to which Edwards pleaded guilty, first-degree robbery, are Class B felonies enumerated in the Violent Offender Statute.11 So he is subject to the parole-eligibility restrictions of the Violent Offender Statute, unless his status as a youthful offender prevents their application.

Under the Juvenile Code, district Courts have jurisdiction over minors who commit crimes. But certain minors take on the status of “youthful offender” and can be transferred to circuit court to stand trial and be sentenced as adults.12 Once a circuit court sentences a youthful offender, KRS 340.030(2) requires the circuit court to hold a hearing when the minor turns 18 years old (18-year-old hearing). This is essentially a resentencing hearing at which the circuit court determines whether to place the youthful offender on probation or conditional discharge, enroll the youthful offender in a treatment program with the DJJ, or have the youthful offender serve out his sentence of incarceration with the DOC.13 Edwards is currently serving out his sentence of incarceration with the DOC after the circuit court revoked the probation granted to him at his 18-year-old hearing. The question is whether Edwards’s status as a youthful offender prevents application of the parole-eligibility limitations of the Violent Offender Statute.

B. The General Assembly Intended the Parole Restrictions of the Violent Offender Statute to Apply to Youthful Offenders.

The Juvenile Code provides that unless an exception applies, a youthful offender is [758]*758proceeded against as an adult. “A youthful offender, who is convicted of, or pleads guilty to, a felony offense in Circuit Court, shall be subject to the same type of sentencing procedures and duration of sentence, including probation and conditional discharge, as an adult convicted of a felony offense,” subject to certain exceptions.14 The statutory scheme for youthful offenders does not delineate an exception for treating youthful offenders who are also violent offenders differently from adult violent offenders for purposes of parole eligibility. On the face of the youthful offender provisions, the parole-eligibility restrictions of the Violent Offender Statute apply to youthful offenders.

Positive evidence of the General Assembly’s intention on this issue is found in KRS 640.075(4), which specifically contemplates application of the parole restrictions of the Violent Offender Statute to certain youthful offenders. When a trial court determines at an 18-year-old hearing that a youthful offender should be incarcerated with the DOC, the DJJ may retain that individual for further rehabilitative treatment until the offender reaches the age of 21.15

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Cite This Page — Counsel Stack

Bluebook (online)
391 S.W.3d 755, 2013 WL 646174, 2013 Ky. LEXIS 4, Counsel Stack Legal Research, https://law.counselstack.com/opinion/edwards-v-harrod-ky-2013.