Antonio Coatley v. Commonwealth of Kentucky

── Antonio Coatley v. Commonwealth of Kentucky ── Court: Court of Appeals of Kentucky Date: May 15, 2026 Author: Combs Category: General RENDERED: MAY 15, 2026; 10:00 A.M. NOT TO BE PUBLISHED Commonwealth of Kentucky Court of Appeals NO. 2025-CA-0491-MR ANTONIO COATLEY APPELLANT APPEAL FROM JEFFERSON CIRCUIT COURT v. HONORABLE JULIE KAELIN, JUDGE ACTION NO. 13-CR-001845 COMMONWEALTH OF KENTUCKY APPELLEE OPINION AFFIRMING ** ** ** ** ** BEFORE: COMBS, KAREM, AND MCNEILL, JUDGES. COMBS, JUDGE: Appellant, Antonio Coatley, appeals from an Order of the Jefferson Circuit Court, Division Four, revoking his probation. After our review, we affirm. In 2013, Coatley was indicted on charges of first-degree robbery, first- degree burglary, and first-degree unlawful imprisonment. The Commonwealth offered him a plea agreement if he were to plead guilty to amended charges of facilitation of first-degree robbery, facilitation of first-degree burglary, and fourth- degree assault -- recommending in exchange a total sentence of ten-years’ incarceration with Coatley to pay approximately $1,300 in restitution to the victim. The Commonwealth also recommended that Coatley be placed on pre-trial diversion for five years. On February 4, 2014, Coatley accepted the offer and moved to enter a guilty plea. The trial court sentenced Coatley to five years of pre- trial diversion and required him to pay $1,365 in restitution in the amount of $26.25 per month, commencing May 1, 2014. (Trial Record (TR) 46–47.) In November 2016, the Commonwealth filed a motion to void his pre- trial diversion because Coatley had incurred a new felony arrest. In January 2017, the Commonwealth filed the supplemental ground of absconding in support of its motion to revoke. In October 2017, the trial court removed Coatley from pre-trial diversion and placed him on probation. Over the next several years, the Commonwealth filed multiple motions to revoke, all of which were resolved short of revoking Coatley’s probation. On February 25, 2025, the Commonwealth filed the motion now before us to revoke probation based upon a new felony offense -- first-degree strangulation and fourth-degree assault (domestic violence). On March 4, 2025, the trial court conducted a revocation hearing at which Officer Josh Thompson testified. -2-  Prior to the commencement of the hearing, defense counsel moved for a continuance, arguing that the case was very new and that defense counsel was still working with his investigator. Defense counsel also made a motion to remand under Marshall v. Commonwealth, 638 S.W.2d 288 (Ky. App. 1982), alleging issues with confrontation. Defense counsel explained that he had just come from a revocation hearing in Division Two1 and that Officer Thompson, who testified there as well, had not taken the report from the victim but had only reviewed body- cam footage from the officers who took the report. The Commonwealth responded that it wanted to move forward “today.” The Commonwealth explained that this case had been before the court for an issue of failure to pay restitution and that Coatley then incurred a new offense. That the Commonwealth observed that it had complied with due process by giving notice of the new allegations by filing the (subject) supplemental motion to revoke and that, therefore, defense counsel had ample time to prepare.2 Regarding proof, the Commonwealth stated that the court could give whatever 1 Earlier that day, Coatley had a revocation hearing in another case, Jefferson Circuit Court, Division Two, No. 23-CR-0204, at which Officer Thompson also testified. The trial court en