Case No. Court Circuit Commonwealth of Kentucky Judgment and Sentence County GRANT Court of Justice On Plea of Guilty COMMONWEALTH OF KENTUCKY VS. DERRICK R. ROSE 403-27-0415 DOB: 08/16/1985 sht- The Defendant at arraignment having entered a plea of not guilty to the following charge(s) included within the indictment, namely Cu Receiving Stolen Property Value Over $500.00; CT 11 Criminal Trespass in the First Degree; CT Assault in the Fourth Degree; and, CT I - Persistent Felony Offender in the First Degree, which offense(s) was committed on or about 2005, when the Defendant was years old. On June 30, 2010, the Defendant having appeared in open Court with his/her attorney, Hon. Edward Bourne, by agreement with the attorney for the Commonwealth, the Defendant withdrew his/her plea of not guilty and entered a plea of guilty to the following charge(s): CT I - Receiving Stolen Property Value Under $500.00, a Class Misdemeanor, in Violation of KRS 514.110 and 534.040 (UOR Code No. 0280310), Penalty: Up to 12 months and/or ?ne up to $500 CT Criminal Trespass in the First Degree, a Class Misdemeanor, in violation of KRS 511.060 (UOR Code No. 0026160), Penalty: Up to 12 months and/or ?ne up to $500 CT - Assault in the Fourth Degree, a Class Misdemeanor, in violation of KRS 508.030 (UOR Code No. 0004330), Penalty: Up to 12 months and/or fine up to $500 Finding that the Defendant understands the nature of the charge(s) against him/her including the possible penalties, and the Defendant knowingly and voluntarily having waived his/her rights to plead innocent, to be tried by a jury, to compel the attendance of witnesses in his/her behalf, and to confront and cross-examine witnesses, and finding further that the Defendant understands and voluntarily waives his/her right not to incriminate himself/herself, his/her right to be represented by an attorney at each stage of the proceedings and to have an attorney appointed to represent him/her, and finding that the plea is voluntary and knowing, the Court accepts the plea, and finds the above-named Defendant guilty of the above charge(s). On this same day, the Defendant appeared in open court with his/her attorney, Hon. Edward Bourne, and the Court inquired of the Defendant and his/her counsel whether they had a legal cause to show why judgment should not be pronounced, and afforded the Defendant and his/her counsel the opportunity to make statements in the Defendant's behalf and to present any information in mitigation of punishment. Having given due consideration to the nature and circumstances of the crime(s), and to the history, character, and condition of the Defendant, the Court is of the opinion that the Defendant is eligible for probation, probation with an alternative sentencing plan, or conditional discharge. No sufficient cause having been shown why judgment should not be pronounced, IT IS ADIUDGED BY THE COURT that the Defendant is guilty of the following charge(s): CT I - Receiving Stolen Property Value Under $500.00, a Class Misdemeanor, in violation of KRS 514.110 and 534.040 (UOR Code No. 0280310), he is sentenced to a term of imprisonment of twelve (12) months and a fine of$500.00; CT - Criminal Trespass in the First Degree, a Class Misdemeanor, in' violation of KRS 511.060 (UOR Code No. 0026160), he is sentenced to a term of imprisonment of twelve (12) months and a fine of $500.00; C1 111 Assault in the Fourth Degree, a Class Misdemeanor, in violation of KRS 508.030 (UOR Code No. 0004330), he is sentenced to a term of imprisonment of twelve (12) months and a ?ne of $500.00; With said sentences to run concurrent to each other. Defendant shall serve ninety (90) days from June 30, 2010. The balance of Defendant's sentence and fine of $500 shall be conditionally discharged for a period of two (2) years subject to the following conditions: 1. Not commit or be convicted of another offense during the period of probation. Specifically, the Defendant shall have no violation of the Penal Code or the Controlled Substances Act. 2. Avoid injurious or vicious habits; 3. Avoid persons or places of disreputable or harm?il character; 4. Work faithfully at suitable employment as far as possible; 5. Support his dependents and meet other family responsibilities; 6. Defendant shall not use any illegal drugs or any alcohol, and at any time he is requested to do so by this Court, or any law enforcement personnel, he shall submit himself to drug/alcohol testing at his sole expense for the purpose of determining if he is or has been using alcohol or illegal drugs. Defendant shall pay all costs and expenses associated with said drug/alcohol testing. In the event the Defendant tests positive for illegal drugs and/or alcohol, same shall constitute immediate grounds for revocation; 7. Defendant shall not be around anyone using or possessing illegal drugs and/or alcohol. Violation of this condition shall constitute immediate grounds for revocation; 8. Defendant shall submit his/her person, property, place of residence, vehicle, personal effects, to search at anytime, with or without a search warrant, warrant of arrest or reasonable cause by any law enforcement. officer; 9. Defendant shall pay restitution in the amount of $1,000 through the Grant Circuit Court; Defendant's court costs shall be paid through the Grant Circuit Court with 120 days of his release. Defendant shall also be responsible for any poundage fee. 10. Defendant shall not be in Carroll, Grant or Owen Counties during the term ofhis conditional discharge. The Clerk shall give notice of entry as set forth in CR 77. If. ENTERED on this the 30th day of June, 20 CERTIFICATE OF SERVICE I hereby cgify that the above Order was entered and a filed copy of the Order was mailed on this the day of July, 2010, to: Hon. James M. Crawford Commonwealth?s Attorney PO. Box 353 Carrollton KY 41008 Hon. Edward M. Bourne 114 N. Madison Street Owenton KY 40359