Castle v. Commonwealth
Castle v. Commonwealth
Opinion of the Court
OPINION OF THE COURT BY
Arlen Castle pleaded guilty to one count of first-degree robbery, one count of first-degree sodomy, one count of first-degree rape, one count of kidnapping, one count of first-degree sexual abuse, and one count of tampering with physical evidence. At sentencing, the trial court ordered Castle’s sentences to be served consecutively, not to exceed sixty years. Castle appeals as a matter of right
On appeal, Castle alleges a single error. He contends that the trial court erred in ordering his sentences to be served consecutively because they exceeded fifty years in contravention of Kentucky Revised Statutes (KRS) 532.110 and 532.080(6)(a). Finding no error, we affirm the sentence imposed by the trial court.
Castle was indicted on charges of one count of each of the following crimes: first-degree robbery (Class B felony); first-degree sodomy (Class B felony); first-degree rape (Class B felony); kidnapping (Class B felony); first-degree sexual abuse (Class D felony); and tampering with physical evidence (Class D felony).
Before entry of the sentencing order, Castle argued that the maximum allowable aggregate sentence of consecutive indeterminate terms was fifty years. Finding this argument unpersuasive, the trial court acknowledged that Castle’s consecutive sentences, in total, amounted to ninety years, that KRS 532.110(l)(c) capped consecutive indeterminate terms at a total of seventy years, and concluded that a total of sixty years was an appropriate aggregate sentence. The trial court entered a judgment consistent with these findings.
II. ANALYSIS.
Castle’s lone argument on appeal attacks only the length of his sentence, not his convictions. He argues that the aggregate length of his consecutive sentences, sixty years, exceeds the statutory limits set forth by KRS 532.110 and 532.080. We disagree.
KRS 532.110 provides trial courts with discretion in determining whether defendants convicted of multiple crimes are to serve their sentences concurrently or consecutively. While KRS 532.110(2) establishes concurrent service as the default absent language to the contrary, trial courts are given the liberty to run the sentences consecutively if they so choose.
(1) When multiple sentences of imprisonment are imposed on a defendant for more than one (1) crime, including a crime for which a previous sentence of probation or conditional discharge has been revoked, the multiple sentences shall run concurrently or consecutively as the court shall determine at the time of sentence, except that:
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(c) The aggregate of consecutive indeterminate terms shall not exceed in maximum length the longest extended term which would be authorized by KRS 532.080 for the highest class*757 of crime for which any of the sentences is imposed. In no event shall the aggregate of consecutive indeterminate terms exceed seventy (70) years.
We have consistently acknowledged that KRS 532.110(l)(c)’s reference to KRS 532.080, Kentucky’s Persistent Felony Offender statute, is only a “yardstick” to determine the maximum allowable term of incarceration for consecutive sentences. For purposes of KRS 532.110(l)(c), a defendant does not have to be adjudicated a Persistent Felony Offender for his sentence to be determined by reference to our PFO statute.
The highest class of crime of which Castle was convicted was a Class B felony. And the portion of KRS 532.080 pertaining to the permissible sentences for Class B felony offenders is section (6)(a), which states:
(6) (a) If the offense for which he presently stands convicted is a Class A or Class B felony ... a persistent felony offender in the first degree shall be sentenced to an indeterminate term of imprisonment, the maximum of which shall not be less than twenty (20) years nor more than fifty (50) years, or life imprisonment....
In interpreting KRS 532.110(l)(e) and 532.080 as allowing a maximum aggregate sentence of fifty years, Castle focuses on the “longest extended term” language found in KRS 532.110(l)(c). Castle argues that only a term of years can be considered to be an “extended term”; and because fifty years is the longest statutorily permitted “term of years” for a Class B felony offender under KRS 532.080(6)(a), no consecutive aggregate sentence can exceed fifty years.
This argument is wholly unsupported by our case law, as well as the construction of the pertinent statutes. First and foremost, in Bedell v. Commonwealth,
Further, if this Court were to determine there is an ambiguity in the language and application of KRS 532.110 and 532.080, construing the statutes in the manner suggested by Castle would lead to an unreasonable result, something we decline to do. In construing statutory provisions we will not construe them in such a manner as to yield an unreasonable result
If this Court were to adopt Castle’s reading of the statutes, the seventy-year overall cap contained in the last sentence of KRS 532.110(l)(c)
This construction would be even more absurd when considering the legislative history of KRS 532.110. In 1998, the Legislature amended KRS 532.110(l)(c) solely to include the seventy-year cap.
When amending or enacting legislation, we presume the Legislature knows and understands the then-existing laws, including the judicial construction of those laws.
Castle secondarily argues that because KRS 532.080’s language does not explicitly refer to life imprisonment as a “term” of imprisonment, it clearly cannot fall within
Even if we were to overlook our holding in Bedell and find an ambiguity regarding whether life imprisonment is a “term” of imprisonment, Castle’s interpretation must still be rejected. When construing such alleged ambiguities, “we are obligated to look beyond one word, one phrase, one sentence, even one statute to the language used in other statutes pertaining to the matter in dispute.”
Lastly, Castle relies on two unpublished cases from the Court of Appeals to support his argument that the longest extended term of imprisonment permitted by KRS 532.080(6)(a) is fifty years. Both cases cited by Castle, Fitts
In both cases, the sentencing issue was decided on grounds other than an interpretation of the maximum allowable consecutive sentence under KRS 532.110(1)(c) and 532.080(6)(a). Proeedurally, both Fitts and Cochran were before the Court of Appeals on a CR 60.02 motion after having been unsuccessful on a matter-of-right appeal before this Court.
Although the Court of Appeals dispensed with the sentencing argument in both cases relied upon by Castle without having to reach the merits, it nonetheless discussed the merits briefly in an attempt to buttress its dismissal on procedural grounds. This dicta is unpersuasive here because of the easily distinguishable factual circumstances in Fitts and Cochran. Both cases involved consecutive sentences totaling fifty years or less, thereby clearly falling within the numerically articulated range of twenty to fifty years contained within KRS 532.080(6)(a).
We find a more appropriate analysis of KRS 532.110(l)(c) in this Court’s unpublished opinion in Hall v. Commonwealth.
In line with our precedent, we again hold that the maximum “extended term” sentence available under KRS 532.080(6)(a) for an offender convicted of a Class A or B felony is life imprisonment. Therefore, the only limitation on the aggregate length of consecutive sentences for defendants whose highest class of crime is a Class A or B felony is the seventy-year cap found in KRS 532.110(l)(e). Because the highest class of crime that Castle was convicted of was a Class B felony and because his sixty-year sentence falls below the seventy-year cap, we affirm the trial court’s order sentencing him to serve his sentences consecutively, not to exceed sixty years.
III. CONCLUSION.
For the foregoing reasons, we find that Castle’s sentence did not violate KRS 532.110, so we affirm the judgment.
. Ky. Const. § 110(2)(b).
.First-degree burglary, first-degree sodomy, first-degree rape, and kidnapping are all Class B felonies with an authorized term of imprisonment of not less than 10 years nor more than 20 years. KRS 511.020; 510.070; 510.040; 509.040; and 532.060(2)(b). First-degree sexual abuse (with a victim twelve years of age or older) and tampering with physical evidence are Class D felonies with an authorized term of imprisonment of not less than one nor more than five years. KRS 510.110; 524.100; and 532.060(2)(d).
. An open guilty plea is a guilty plea entered without a recommended sentence from the Commonwealth.
. KRS 532.110(1).
. See Bedell v. Commonwealth, 870 S.W.2d 779, 783 (Ky. 1993).
. Id.
. Id.
. Cummings v. Commonwealth, 226 S.W.3d 62 (Ky. 2007); see also Allen v. Commonwealth, 276 S.W.3d 768, 774 (Ky. 2008) (holding that it was error for a trial court to fail to instruct the jury about the seventy-year cap on consecutive sentences).
. Sisters of Charity Health Sys., Inc. v. Raikes, 984 S.W.2d 464, 470 (Ky. 1998).
. Ledford v. Faulkner, 661 S.W.2d 475, 476 (Ky. 1983).
. This sentence states that "[i]n no event shall the aggregate of consecutive indeterminate terms exceed seventy (70) years.” KRS 532.110(1)(c).
. Revenue Cabinet v. O’Daniel, 153 S.W.3d 815, 819 (Ky. 2005) (quoting Stone v. Pryor, 45 S.W.I 136, 1142 (1898) (Waddle, S.J., dissenting)).
. 1998 Ky. Acts 3660.
. Bedell, 870 S.W.2d at 783.
. St. Clair v. Commonwealth, 140 S.W.3d 510, 570 (Ky. 2004).
. Reyes v. Hardin Cnty., 55 S.W.3d 337, 342 (Ky. 2001).
. Bedell, 870 S.W.2d at 783 (quotation marks omitted).
. Id.
. Jefferson Cnty. Bd. of Educ. v. Fell, 391 S.W.3d 713, 727 (Ky. 2012).
. Id.
. KRS 532.030(1) ("When a person is convicted of a capital offense, he shall have his punishment fixed at death, or at a term of imprisonment for life....”) (emphasis added).
. KRS 532.060(2)(a) ("The authorized maximum terms of imprisonment for felonies are: (a) For a Class A felony, not less than twenty (20) years nor more than fifty (50) years, or life imprisonment.”) (emphasis added).
. Fitts v. Commonwealth, No. 2009-CA-000032-MR, 2010 WL 323218 (Ky.App. Jan. 29, 2010).
. Cochran v. Commonwealth, No. 2006-CA-001716-MR, 2008 WL 3545841 (Ky.App. Aug. 15, 2008).
. Fitts, 2010 WL 323218, at *5 ("Forty years falls within the maximum restriction in KRS 532.080(6)(a) of fifty years for a class B felony and is therefore, lawfully permissible.”); Cochran, 2008 WL 3545841, at *2 ("Since Appellant was convicted of a Class B felony, the maximum sentence he could have received was 50 years.”)
. See Fitts v. Commonwealth, No. 2004-SC-0653-MR, 2005 WL 2674991 (Ky. Oct. 20, 2005); Cochran v. Commonwealth, 114 S.W.3d 837 (Ky. 2003).
. Fitts, 2010 WL 323218, at *4 (“because Fitts failed to pursue this issue in either his 2005 direct appeal or his 2007 RCr 11.42 motion, he is foreclosed from doing so via CR 60.02.”); Cochran, 2008 WL 3545841, *2 (“The sentence imposed on Appellant was set forth 'on the face of the record’ and thus any challenge to the calculations could have been known to Appellant with the exercise of reasonable diligence. Thus, this issue was not properly brought via CR 60.02.”).
. In Fitts, the challenged sentence was forty years, Fitts, 2010 WL 323218, at *1; and the sentence in Cochran was fifty years. Cochran, 2008 WL 3545841, at *1.
. Hall v. Commonwealth, No. 2001-SC-0814-MR, 2003 WL 21254856 (Ky. May 22, 2003).
. Id., at *8.
. Id.
. Id.
. Id.
Reference
- Full Case Name
- Arlen CASTLE v. COMMONWEALTH of Kentucky
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- 10 cases
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- Published