Commonwealth v. Bailey, 721 S.W.2d 706 (Ky. 1986)

Cases | Commonwealth v. Bailey, 721 S.W.2d 706 (Ky. 1986) | 2018

The defendant pled guilty to four counts of theft by deception of over $100 and was ordered to pay restitution. The trial court ordered the State Corrections Cabinet to report the termination of the defendant’s incarceration and directed his subsequent appearance to establish a repayment schedule. The defendant appealed the enforcement portions of the order and the appellate court reversed. The Commonwealth appealed. The supreme court affirmed the portion of the opinion of the appellate court affirming the order of restitution, reversed the remainder of the opinion, and reinstated the trial court’s order. The remedy provided under Ky. Rev. Stat. Ann. § 431.200 was an additional statutory remedy exercised only if the defendant was in custody for the period immediately following determination of guilt. The remedy was neither imprisonment nor a fine, but a system designed to restore property or the value thereof to the victim. Further, deferring establishment of the payment schedule until release from custody was not fatal to the judgment because it was only then that the court and the defendant would have the complete information from which a fair and comprehensive plan could be established.

 

see Bailey v. Commonwealth, 1986 Ky. App. LEXIS 1095 (Ky. Ct. App. 1986).