327 S.W.3d 479
Ky.2010Background
- Winstead was convicted of third‑degree burglary and later admitted to an escape charge after probation violation and work release from detention.
- The trial court sentenced Winstead to one year on the escape charge, with the sentence to run consecutively to the burglary sentence, and credited 234 days of pretrial jail time to the escape sentence in both oral and written judgments.
- The Commonwealth moved under CR 60.02 to vacate the judgment and seek jail‑time credit against the escape sentence, arguing the credit should apply to the burglary sentence, not the escape sentence.
- Winstead opposed, citing Viers v. Commonwealth to classify the error as judicial; the trial court granted the motion and amended the judgment to delete the 234 days of jail‑time credit.
- The Court of Appeals affirmed the trial court’s grant of CR 60.02 relief in a split decision; the Kentucky Supreme Court granted discretionary review to resolve whether CR 60.02 can correct jail‑time credit errors after the appeal period.
- The Supreme Court held that CR 60.02 cannot correct judicial errors after the appeal period and remanded to reinstate the original judgment of conviction.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Is CR 60.02 proper relief for a judicial jail‑time credit error after the appeal period? | Winstead: error is judicial; CR 60.02 improper. | Commonwealth: CR 60.02 appropriate to correct judicial error. | No; CR 60.02 is unavailable for judicial errors after direct appeal period. |
| Is the jail‑time credit error clerical or judicial in nature? | Winstead: error is judicial per Viers. | Commonwealth: error could be clerical. | Judicial error; not clerical under Viers. |
| Is jail‑time credit part of the sentence and subject to correction as an illegal sentence? | Commonwealth: jail credit could render sentence illegal and correctable. | Winstead: jail credit is not part of the sentence; not legally alterable as an illegal sentence. | Jail credit is not part of the sentence; cannot be corrected as an illegal sentence. |
| Should the case be remanded to reinstate the original judgment? | Remand to fix the credit issue. | Remand to reinstate original judgment of conviction. |
Key Cases Cited
- Viers v. Commonwealth, 52 S.W.3d 527 (Ky. 2001) (distinguishes judicial vs clerical error; judicial errors not corrected under RCr 10.10)
- Doolan v. Commonwealth, 566 S.W.2d 413 (Ky. 1978) (distinguishes clerical error allowing correction any time from judicial error)
- Duncan v. Commonwealth, 614 S.W.2d 701 (Ky. App. 1980) (CR 60.02/one-year limit; discussion of CR 60.02 use for jail credit matters)
- Roberts v. Osborne, 339 S.W.2d 442 (Ky. 1960) (early authority rejecting CR 60.02 as remedy for judicial errors)
- James v. Hillerich & Bradsby Co., 299 S.W.2d 92 (Ky. 1956) (recognizes limits on CR 60.02 relief for judicial errors)
- McMillen v. Commonwealth, 717 S.W.2d 508 (Ky. App. 1986) (not available to correct judicial errors under CR 60.02)