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RENDERED:  NOVEMBER 23, 2011; 10:00 A.M.
NOT TO BE PUBLISHED

Commonwealth of Kentucky
Court of Appeals

NO. 2010-CA-000388-MR
ROBERT LAFON APPELLANT
APPEAL FROM CHRISTIAN CIRCUIT COURT
v. HONORABLE JOHN L. ATKINS, JUDGE ACTION NO. 08-CR-00586
COMMONWEALTH OF KENTUCKY APPELLEE
OPINION REVERSING AND REMANDING ** ** ** ** ** BEFORE: CAPERTON AND DIXON, JUDGES; LAMBERT,1 SENIOR JUDGE. LAMBERT, SENIOR JUDGE:  Robert Lafon appeals from a Christian Circuit Court judgment ordering him to pay restitution of $4,000 for some copper telecommunications wire that was stolen from AT&T.  Lafon argues that the trial
1 Senior Judge Joseph E. Lambert sitting as Special Judge by assignment of the Chief Justice pursuant to Section 110(5)(b) of the Kentucky Constitution and KRS 21.580.
court abused its discretion in setting restitution because the amount was

unsupported by any evidence.  

On two occasions, Lafon sold copper telecommunications wire that had been stolen from AT&T to a company called Green Earth Recycling.  Receipts show that Lafon received a total of $611 from Green Earth.  
On November 4, 2009, Lafon entered a plea of guilty to receiving stolen property over $300.  The plea agreement which Lafon signed provided for restitution in the amount of $9,000 to AT&T to be determined at final sentencing. At the plea hearing, the Commonwealth

Download 2010-ca-000658-mr.pdf

Kentucky Law