When a person is convicted of an offense, other than a capital offense or having been designated a violent offender as defined in KRS § 439.3401, the court, where authorized by KRS Chapter 533 and where not prohibited by other provisions of applicable law, may sentence such person to a period of probation or to a period of conditional discharge as provided in that chapter. A sentence to probation or conditional discharge shall be deemed a tentative one to the extent that it may be altered or revoked in accordance with KRS Chapter 533, but for purposes of appeal shall be deemed to be a final judgment of conviction. In any case where the court imposes a sentence of probation or conditional discharge, it may also impose a fine as authorized by KRS Chapter 534.
Effective: July 14, 2000
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Terms Used In Kentucky Statutes 532.040

  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Capital offense: A crime punishable by death.
  • Conviction: A judgement of guilt against a criminal defendant.
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.

History: Amended 2000 Ky. Acts ch. 401, sec. 7, effective July 14, 2000. — Amended
1984 Ky. Acts ch. 382, sec. 22, effective July 13, 1984. — Created 1974 Ky. Acts ch.
406, sec. 276, effective January 1, 1975.

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