Commonwealth of Kentucky v. Mandy Hughes
2017 SC 000110
| Ky. | Oct 31, 2017Background
- Mandy Hughes sold ten capsules (ten dosage units) of heroin to a confidential informant; total weight was under two grams.
- Hughes was indicted under KRS 218A.1412(1)(c) (ten or more dosage units — Class C felony) rather than KRS 218A.1412(1)(e) (any quantity less than specified amounts — Class D felony).
- Hughes moved to amend the indictment, arguing she should be charged under subsection (1)(e); the trial court denied the motion.
- Hughes entered a conditional guilty plea and appealed; the Court of Appeals reversed, holding subsection (1)(e) controlled when weight was under two grams.
- The Kentucky Supreme Court granted review, held the statutes were not ambiguous or in conflict, found prosecutors had discretion to charge under either subsection when both could apply, and reinstated the trial court judgment.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether KRS 218A.1412 required charging Hughes under (1)(e) (Class D) instead of (1)(c) (Class C) when she sold ten capsules totaling <2 grams | Hughes: statute conflicts; specific reference to heroin and weight means (1)(e) (the residual, lesser-quantity provision) must apply, so only Class D applies | Commonwealth: statute provides alternative, non-conflicting avenues; where both subsections fit the facts, prosecutor may choose which to charge | Court: statutes are unambiguous and provide prosecutorial discretion; either (1)(c) or (1)(e) may be used when both apply; reversed Court of Appeals and reinstated trial court judgment |
Key Cases Cited
- Commonwealth v. Morseman, 379 S.W.3d 144 (Ky. 2012) (principles of statutory construction and intent)
- Bordenkircher v. Hayes, 434 U.S. 357 (U.S. 1978) (prosecutor's charging discretion when probable cause exists)
- Commonwealth v. Plowman, 86 S.W.3d 47 (Ky. 2002) (apply unambiguous statutes without external aids)
- Monumental Life Ins. Co. v. Department of Revenue, 294 S.W.3d 10 (Ky. App. 2008) (statutory language governs when plain)
- Commonwealth v. McKinney, 594 S.W.2d 884 (Ky. App. 1979) (when two penalties apply to same violation, look for statutory conflict)