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RENDERED: DECEMBER 28, 2001; 2:00 p.m.
NOT TO BE PUBLISHED

Commonwealth Of Kentucky

Court Of Appeals

NO. 2001-CA-000838-MR

JAMES LEE CASH APPELLANT

APPEAL FROM JEFFERSON CIRCUIT COURT

v. HONORABLE JAMES M. SHAKE, JUDGE
ACTION NO. 86-CR-001330

COMMONWEALTH OF KENTUCKY APPELLEE

OPINION
AFFIRMING
** ** ** ** **

BEFORE: COMBS, EMBERTON, and HUDDLESTON, Judges.

COMBS, JUDGE: James Lee Cash, pro se, appeals from an order of

the Jefferson Circuit Court entered on March 29, 2001, dismissing
his petition for declaratory judgment brought pursuant to KRS1

418.040. We affirm.

On August 6, 1987, Cash pleaded guilty (pursuant to
North Carolina v. Alford, 400 U.S. 25, 91 S.Ct. 160, 27 L.Ed.2d
162 (1970)) to three counts of attempted sodomy in the first
degree and one count of sexual abuse in the first degree. He was

1Kentucky Revised Statutes.

sentenced to a term of twenty-five (25) years' imprisonment and
is currently housed at the Luther Luckett Correctional Complex.

In October 2000, Cash filed a petition for declaratory
judgment, seeking an order from the circuit court to direct
prison authorities to credit him with all earned meritorious good
time credits and to continue to credit him with meritorious good
time earned in compliance with KRS 197.045 as that statute
provided on the date of his conviction. Cash argued that the
amended provisions of KRS 197.045, as applied, violated the ex

post facto clauses of the state and federal constitutions. See
United States Constitution, Art. I,

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