Adam Tracey v. Commonwealth of Kentucky
2023-CA-1387
Ky. Ct. App.Mar 21, 2025Background
- Adam Tracey pled guilty in 2017 to multiple offenses, including second-degree burglary, assault, and violating a domestic violence order.
- He received a 10-year prison sentence, probated for five years, contingent on compliance with conditions including reporting to his probation officer and not committing new offenses.
- Tracey failed to report to probation in late 2017 and 2018, resulting in an arrest and subsequent release to supervision.
- In 2018, he absconded, was arrested in Ohio, convicted of burglary, and sentenced to five years; upon release in 2023, he was returned to Kentucky.
- The Wayne Circuit Court revoked his probation after a hearing where Tracey stipulated to absconding and the new conviction, and imposed the original prison sentence.
- Tracey appealed, arguing the revocation was not supported by sufficient evidence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence for probation revocation | Circuit court's findings not sufficiently supported | Record supports findings | Sufficient evidence supported revocation |
| Statutory requirements under KRS 439.3106 | Criteria for revocation not met | Both statutory findings were made and supported | Statutory findings properly made and supported |
| Effect of rehabilitation during Ohio incarceration | Time served and rehabilitation reduce threat | Continued risk and inability to be managed | Trial court’s assessment upheld |
| Appropriateness of sanctions less severe than revocation | Lesser sanctions should have been considered | Lesser sanctions were weighed and rejected | Revocation and incarceration were appropriate |
Key Cases Cited
- Commonwealth v. Andrews, 448 S.W.3d 773 (Ky. 2014) (sets standard for review of probation revocation decisions)
- Commonwealth v. Lopez, 292 S.W.3d 878 (Ky. 2009) (addresses abuse of discretion in revocation)
- Commonwealth v. English, 993 S.W.2d 941 (Ky. 1999) (discusses arbitrary or unreasonable rulings)
- Commonwealth v. Alleman, 306 S.W.3d 484 (Ky. 2010) (permits reliance on both oral and written records in reviewing probation revocation)