Commonwealth of Kentucky v. Russell T. Amboree

Summary

The Supreme Court of Kentucky affirmed the Court of Appeals' decision vacating Russell T. Amboree's six-year consecutive sentence for two first-degree possession of a controlled substance convictions. The Court held that KRS 218A.1415(2)(a) prohibits application of KRS Chapter 532 to impose an aggregate term of incarceration exceeding three years for those convictions, and remanded for resentencing.

Holdings

1. KRS 218A.1415(2)(a) unambiguously prohibits aggregating consecutive sentences for multiple first-degree possession-of-a-controlled-substance convictions when the aggregate term would exceed three years.
2. The statutory language is unambiguous, so the court must enforce it according to its text without resorting to unstated legislative intent or policy concerns.

Questions Presented

1. Whether KRS 218A.1415(2)(a) prohibits consecutive sentences for multiple first-degree possession-of-a-controlled-substance convictions from producing an aggregate term of incarceration greater than three years.
2. Whether provisions of KRS Chapter 532, including KRS 532.110(1)(c), may be applied to aggregate consecutive sentences beyond the three-year maximum stated in KRS 218A.1415(2)(a).

Disposition

affirmed