Juan Berry v. Commonwealth of Kentucky
2020 CA 000046
| Ky. Ct. App. | Jun 17, 2021Background
- In 2008 Berry was indicted on multiple sexual-offense charges; he pleaded guilty to amended counts resulting in three Class D felony convictions.
- A persistent-felony-offender finding enhanced each Class D sentence from 5 to 10 years, and the plea agreement provided the three ten-year terms would run consecutively (total 30 years).
- The plea and judgment included an agreed waiver of the statutory aggregate cap in exchange for improved parole eligibility (eligible after serving 20% and not classified as a violent offender).
- Berry filed a CR 60.02 motion in 2013 arguing the statutory maximum aggregate for three Class D felonies is 20 years; the trial court denied relief and this Court affirmed in 2017.
- After the Kentucky Supreme Court decided Phon v. Commonwealth (2018), Berry filed a second CR 60.02 motion in 2019 relying on Phon; the trial court again denied relief and Berry appealed.
- The Court of Appeals concluded Phon requires that sentences exceeding statutory limits are void and correctable at any time, reversed the denial, and remanded for resentencing not to exceed the statutory maximum.
Issues
| Issue | Berry's Argument | Commonwealth's Argument | Held |
|---|---|---|---|
| Whether Berry's 30-year aggregate sentence (three Class D felonies, consecutive) is illegal and void because it exceeds the statutory aggregate maximum | The 30-year sentence violates KRS aggregate limits (max 20 years) and is therefore void under CR 60.02(e) | The sentence was lawful when imposed under then-controlling precedent (Myers); procedural bars and prior-validity prevent relief | Court held the sentence is void under Phon; CR 60.02 relief is available and case remanded for resentencing within statutory maximum |
Key Cases Cited
- McClanahan v. Commonwealth, 308 S.W.3d 694 (Ky. 2010) (addressed validity of waiving statutory aggregate sentence limits)
- Phon v. Commonwealth, 545 S.W.3d 284 (Ky. 2018) (held sentences beyond statutory limits are unlawful, void, and correctable under CR 60.02)
- Myers v. Commonwealth, 42 S.W.3d 594 (Ky. 2001) (prior authority allowing waiver of statutory aggregate limits)
- Gross v. Commonwealth, 648 S.W.2d 853 (Ky. 1983) (procedural bar principle that issues reasonably raised earlier may be barred)