Marvin Mays v. Commonwealth of Kentucky

── Marvin Mays v. Commonwealth of Kentucky ── Court: Court of Appeals of Kentucky Date: May 15, 2026 Author: Moynahan Category: General RENDERED: MAY 15, 2026; 10:00 A.M. TO BE PUBLISHED Commonwealth of Kentucky Court of Appeals NO. 2025-CA-0377-MR MARVIN MAYS APPELLANT APPEAL FROM JEFFERSON CIRCUIT COURT v. HONORABLE JENNIFER WILCOX, JUDGE ACTION NO. 15-CR-000359-002 COMMONWEALTH OF KENTUCKY APPELLEE OPINION AFFIRMING ** ** ** ** ** BEFORE: A. JONES, KAREM, AND MOYNAHAN, JUDGES. MOYNAHAN, JUDGE: Appellant Marvin Mays appeals from the Jefferson Circuit Court’s judgment sentencing him to ten years in prison. Mays argues that the circuit court lacked jurisdiction to revoke his probation and impose the sentence because his initial five-year probationary period, handed down in 2015, had expired. Because we hold that Mays’ subsequent reincarceration and shock probation reset the initial probationary period, we affirm.  BACKGROUND Following a grand jury’s indictment for attempted murder and first- degree robbery, Mays pled guilty to an amended charge of robbery in the second degree in June 2015. On September 1, 2015, the circuit court granted Mays’ motion for probation and imposed a ten-year sentence, probated for a period of five years. Revocation 1 On April 30, 2018, Mays failed to report to the circuit court for a revocation hearing regarding allegations he violated the conditions of his probation, so a bench warrant was issued. Though not immediately apprehended, Mays was eventually arrested and appeared at a revocation hearing on September 5, 2018. The circuit court found that Mays violated his conditions, revoked his probation, and ordered him to begin serving the ten-year sentence previously imposed. 1st Motion for Shock Probation Almost two months later, on October 25, 2018, Mays’ counsel filed a Motion for Shock Probation, pursuant to KRS1 439.265.2 A hearing was held on 1 Kentucky Revised Statutes. 2 KRS 439.265 governs the procedures courts utilize for “shock probation” when requested by felony-convicted inmates. The statute allows an eligible incarcerated defendant to file a motion for shock probation “not earlier than thirty (30) days nor later than one hundred eighty (180) days after the defendant has been incarcerated[.]” If the circuit court agrees with the defendant -2- November 29, 2018, and the circuit court granted the motion. The court’s order noted his supervision would be “on the same terms and conditions imposed at the time of the original sentencing.” Revocation 2 In February 2020, the court again received information that Mays had violated his conditions of probation, and an arrest warrant was issued. On March 10, 2020, the court conducted a hearing, found Mays in violation, and revoked his probation. The circuit court then sentenced Mays to serve the remainder of his ten- year sentence. 2nd Motion for Shock Probation On April 16, 2020, Mays’ counsel filed a Motion for Shock Probation.3 The court granted the motion on May 21, 2020, and ordered Mays to “be returned to active supervision on the same terms and conditions imposed at the time of the original sentencing.” seeking relief, it can “suspend the further execution of the sentence and place the defendant on probation upon terms the court determines.” Id. 3 Ordinarily, per KRS 439.265, Mays’ eligibility for seeking shock probation would have expired after reaching the 18