Filed: Jun. 20, 2014
Latest Update: Jun. 20, 2014
Summary: NOT TO BE PUBLISHED OPINION COMBS, Judge. Courtney Gray appeals the orders of the Montgomery Circuit Court holding her in contempt and ordering restitution. After our review, we dismiss the appeal. On May 11, 2011, Gray pleaded guilty to misdemeanor charges of disorderly conduct, resisting arrest, assault, terroristic threatening, and criminal mischief. She received a sentence of incarceration of twelve months, which was probated for two years. As part of her conditions of probation, the cou
Summary: NOT TO BE PUBLISHED OPINION COMBS, Judge. Courtney Gray appeals the orders of the Montgomery Circuit Court holding her in contempt and ordering restitution. After our review, we dismiss the appeal. On May 11, 2011, Gray pleaded guilty to misdemeanor charges of disorderly conduct, resisting arrest, assault, terroristic threatening, and criminal mischief. She received a sentence of incarceration of twelve months, which was probated for two years. As part of her conditions of probation, the cour..
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NOT TO BE PUBLISHED
OPINION
COMBS, Judge.
Courtney Gray appeals the orders of the Montgomery Circuit Court holding her in contempt and ordering restitution. After our review, we dismiss the appeal.
On May 11, 2011, Gray pleaded guilty to misdemeanor charges of disorderly conduct, resisting arrest, assault, terroristic threatening, and criminal mischief. She received a sentence of incarceration of twelve months, which was probated for two years. As part of her conditions of probation, the court ordered Gray to attend and to complete a drug treatment program.
On June 5, 2012, the Commonwealth filed a motion for revocation of Gray's probation because she had failed to report to her probation officer. On June 18, the court conducted a hearing and ordered an alternative sentence. Gray was to remain in jail until entering residential drug treatment. On July 10, 2012, the court entered an order releasing Gray to the custody of her stepmother, Melinda Middleton, for the purpose of being transported to a facility in Henderson, Kentucky.
The following day, Gray was released to Middleton. Soon after they began the drive to Henderson, they were halted by road construction. Middleton reported that Gray jumped out of her car, ran down the road, and got into a red vehicle. The next morning, Gray showed up at Middleton's home where she was arrested.
On July 19, 2012, the court held another revocation hearing. Instead of sentencing Gray to incarceration, the court granted her yet another opportunity to attend and to complete a drug treatment program. The court carefully admonished Gray that this was her last opportunity and advised that if she failed to complete the rehabilitation, she would be jailed. One of the deputy jailers volunteered to transport Gray to the drug treatment facility in Henderson on August 24. Gray absconded from the program on the day of her arrival. On August 28, the Commonwealth filed a second motion to revoke Gray's probation. It filed a third motion on September 14, 2012, attesting that Gray had absconded from supervision.
On October 9, 2012, the trial court revoked Gray's probation based on the charge of failure to report. The court also told Gray that it believed that she was in contempt of court for failing to complete the drug treatment program.
The court held a contempt hearing on December 14, 2012, and found Gray guilty of contempt. It sentenced her to an additional thirty days of incarceration, stating that the contempt charge was punishment for violating the order of the court to enter and to complete drug treatment. The court emphasized that Gray had wasted the resources of the Probation and Parole office and of the Montgomery County jail. Additionally, it ordered her to pay restitution to the jail for the cost of gas for the round trip to Henderson.
Gray filed a notice of appeal on January 10, 2013. On January 16, 2013, the court entered its written order of restitution requiring her to pay the restitution within six months of her release from custody.
Gray argues that both the imposition of extra incarceration for contempt and the order of restitution were erroneous. However, regardless of any arguable merit to Gray's arguments, we are unable to examine them.
A uniform citation in the record indicates that Gray was arrested on September 30, 2012. She received a sentence of twelve months, which was enhanced by a contempt sentence of one more month — for a total of thirteen months. Because she began serving her sentence on September 30, 2012, she should have been released on October 30, 2013. As a precaution, we consulted the Kentucky Department of Corrections Online Offender Lookup website (KOOL). (http://kool.corrections.ky.gov/, last consulted on May 28, 2014). It confirms1 that Gray is no longer incarcerated. Additionally, if she was released on October 30, 2013, the six-month period for payment of restitution has also expired. Regardless, the issue of restitution was not preserved for our review.
An appellate court must dismiss an appeal if "an event occurs which . . . renders any judgment that might be pronounced ineffectual for any purpose." Brown v. Baumer, 191 S.W.2d 235, 238 (Ky. 1946). Gray's release from custody has rendered this appeal moot.
In a similar case, the predecessor of our Supreme Court explained that:
Since appellant has already satisfied the sentence of the court, we could make no order on this appeal which would affect her status. We cannot remit the jail sentence already served, and even if we should decide the sentence should not have been imposed, the opinion could not afford appellant any effectual relief in this case.
Dillingham v. Commonwealth, 249 S.W.2d 827, 828 (Ky. 1952).
Therefore, we are precluded from addressing Gray's contention. The appeal is dismissed.
ALL CONCUR.
