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RENDERED:  MAY 10, 2013; 10:00 A.M.
NOT TO BE PUBLISHED

Commonwealth of Kentucky
Court of Appeals

NO. 2012-CA-000191-MR
IRAN NEAL APPELLANT
APPEAL FROM FRANKLIN CIRCUIT COURT
v. HONORABLE THOMAS D. WINGATE, JUDGE ACTION NO. 11-CI-00567
LADONNA THOMPSON AND DEPARTMENT OF CORRECTIONS  APPELLEES
OPINION AFFIRMING ** ** ** ** ** BEFORE: CLAYTON, COMBS, AND NICKELL, JUDGES. CLAYTON, JUDGE: This is an appeal of the denial of a writ of mandamus by the Franklin Circuit Court.  Based upon the following, we will affirm the decision. BACKGROUND INFORMATION Iran Neal, the appellant in this case, began serving his sentence due to convictions of multiple criminal counts in Jefferson County, Kentucky in 1986.
He was first convicted of Burglary III and Persistent Felony Offender I.  In 1987,

Neal was convicted of the additional crimes of Escape II and Burglary II.  He was sentenced to thirteen years for the Burglary III (due to the PFO enhancement); ten years for the Escape II (enhanced due to the PFO); and another ten years for the Burglary II (enhanced due to the PFO).  These sentences were to run consecutively for a total of 33 years.  
Neal was paroled in 1985, but was returned to prison in 1997 due to parole violations.  He was paroled a second time in 1998, and in 2002, he was again imprisoned due to parole violations.  Neal was then paroled a third time, in 2005, until he was arrested and convicted of new felonies in 2010.  These charges were Kidnapping, Burglary I, Assault II and Assault I.  Neal received ten year sentences on each of these charges to run concurrently with his old sentence with the exception of ten years on the Burglary I charge.  
The Department of Corrections calculated Neal

Download 2012-ca-000508-mr.pdf

Kentucky Law