Commonwealth v. Wright, 2013 Ky. LEXIS 652

Wright pleaded guilty to three theft counts; final judgment on Nov 10, 2005 imposed five years of supervised probation and restitution of $4,500 payable at $160/month beginning Dec 15, 2005.
Restitution schedule lasted 30 months, while probation was fixed at five years (through Nov 10, 2010).
In Oct 2010 Wright had unpaid restitution exceeding $8,000; probation officer reported arrears and Commonwealth moved to revoke in Jan 2011, after probation had expired.
Wright argued lack of jurisdiction to revoke under Conrad v. Evridge; Commonwealth urged KRS 533.020(4) automated extension beyond five years to complete restitution.
Circuit court agreed with Wright; Court of Appeals affirmed; Kentucky Supreme Court granted review to interpret KRS 533.020(4) and related provisions.
Court held that Wright’s five-year probation expired Nov 10, 2010, and there was no automatic or lawful extension; revocation after expiration was improper.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Does KRS 533.020(4) automatically extend probation for restitution default?	Commonwealth argues statute extends term until restitution is paid.	Wright argues no automatic extension; extension requires a duly entered order and the necessity finding.	No automatic extension; extension only via duly entered order when necessary to complete restitution.
What limits exist on extending or revoking probation beyond fixed term?	Commonwealth relies on statutory extension provisions.	Extension must be necessary, with factual finding by court, and entered before term ends.	Extension beyond five years only if necessary to complete restitution and ordered before expiration.
Does KRS 533.020(1) permit revocation after probation ends?	Commonwealth asserts broad revocation power.	Revocation authority exists only before expiration or termination of probation.	Cannot revoke after expiration; court loses jurisdiction at end of the probationary period.
Does KRS 532.033(8) support automatic extension for restitution?	Countenances ongoing supervision until restitution paid.	Restrains court authority; discharge can occur by operation of law if restitution incomplete.	Does not support automatic extension; discharge occurs by operation of law when period ends.

Curtsinger v. Commonwealth, 549 S.W.2d 515 (Ky. 1977) (probation ends upon expiration; jurisdiction to revoke ends with discharge)
Miller v. Commonwealth, 391 S.W.3d 801 (Ky. 2013) (reiterates discharge by operation of law when probation ends)