344 S.W.3d 125
Ky. Ct. App.2010Background
- McEntire was indicted in Jefferson County for first-degree rape and kidnapping on August 20, 2007.
- At arraignment his private counsel withdrew and the court appointed a public defender due to anticipated need for expert/investigator services.
- A motion to suppress his statements was filed December 5, 2007; suppression hearing held January 30, 2008; order denying the motion entered March 11, 2008.
- On January 22, 2009, McEntire pleaded guilty conditionally to kidnapping and to a reduced rape charge; he reserved the right to appeal the suppression ruling.
- Final judgment on April 15, 2009 imposed concurrent ten-year terms, costs of $125, a $200 public defender recoupment, and lifetime sex-offender registration under KRS 17.520.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether court costs and public defender fee were properly ordered | McEntire contends no nonadversarial hearing was held to determine ability to pay. | Commonwealth says issue was waived by the conditional plea. | Remanded for a nonadversarial hearing to assess ability to pay. |
| Whether lifetime sex-offender registration constitutes cruel and unusual punishment | McEntire asserts registration is punishment and unconstitutional as applied. | Commonwealth argues it is a non-punitive status, not punishment. | Registration deemed a status, not punishment; not cruel or unusual. |
| Whether conditional guilty plea preserved the suppression challenge | McEntire preserved the right to appeal the suppression denial in the plea documents/colloquy. | Commonwealth contends preservation requirements were not met under RCr 8.09. | Discussion on preservation referenced; remand expressly for hearing on costs rather than suppression merits. |
| Whether waivers from a guilty plea affect appellate review of these issues | McEntire argues some issues survive a waiver of the right to appeal. | Commonwealth argues waiver bars review of those issues. | Certain issues survive waivers; and in light of the remand, the costs issue is revisited. |
Key Cases Cited
- Dickerson v. Commonwealth, 278 S.W.3d 145 (Ky. 2009) (sets preservation standards for conditional pleas)
- Windsor v. Commonwealth, 250 S.W.3d 306 (Ky. 2008) (waiver does not extinguish all appealable issues)
- Hyatt v. Commonwealth, 72 S.W.3d 566 (Ky. 2002) (sex-offender registration is a status, not punishment)
- Donovan v. Commonwealth, 60 S.W.3d 581 (Ky. App. 2001) (administrative hearing required to assess ability to pay costs)
- Commonwealth v. Jones, 283 S.W.3d 665 (Ky. 2009) (palpable error review for preserved issues)