- Exception.
Probation shall not be granted to, nor shall the execution or imposition of sentence be
suspended for, a person who has been designated as a violent offender as defined in KRS
439.3401, unless such probation is granted in accordance with KRS 439.3401.
Effective: July 14, 2000
History: Created 2000 Ky. Acts ch. 401, sec. 8, effective July 14, 2000.
Notes of Decisions
Cited in
5
cases (
1 in the last 5 years), 2011–2021 · leading case:
Arnett v. Commonwealth, 366 S.W.3d 486 (Ky. Ct. App. 2011).
Arnett v. Commonwealth, 366 S.W.3d 486 (Ky. Ct. App. 2011).
“The Commonwealth argued that KRS 532.047, which prohibits granting probation to people who have been designated as violent offenders, controlled in the instant case.”
Stull v. Commonwealth, 443 S.W.3d 10 (Ky. Ct. App. 2014).
“The provisions of KRS 532.047 prohibit probation for anyone designated as a violent offender under the provisions of KRS 439.”
Commonweath of Kentucky v. Brent Michael Watson (Ky. Ct. App. 2020).
“3401(1)(f) and be ineligible for probation pursuant to KRS 532.047. Initially, the trial court entered a judgment on Watson’s guilty plea and set the matter for sentencing, ordering a presentence investigation (PSI).”
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treatment. Dots show Syfertize treatment of the citing case itself.