Asked in Criminal Law for Kentucky

Q: Weird sentence in Kentucky criminal cases

I do prison ministry. I have a KY inmate sentenced in 3 cases 10, 8 ,& 3 year sentences. 8 and 10 are consecutive but the sentence order has the 3 on both the 8 & 10, concurrent on the ten but consecutive on the 3. (I have a copy of the order). This seems to me to either be absurd or unconstitutional, or both. The 3 year concurrent has already been served, so now there is no sentence to be served consecutively, otherwise the inmate is being punished twice for the same crime. (I have POA for this inmate) If this is simply fixable I'm ready to hire someone to do it. I should add that he has filed a complaint with the KYDOC three times and been rejected each time.

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1 Lawyer Answer
Leland Hulbert
Leland Hulbert
PREMIUM
Answered
  • Criminal Law Lawyer
  • Louisville, KY
  • Licensed in Kentucky

A: It’s a little bit confusing but he can contact the department of corrections or you can contact the prosecutor who made the deal. If there’s multiple jurisdictions and multiple pleas sometimes the wires can get crossed but he should not be serving double time. Under Kentucky law though if he is already on probation and picks up a new felonies they must be consecutive by law

Timothy Denison agrees with this answer

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