Date: 10-25-2024

Case Style:

Commonwealth of Kentucky v. Anthony Lykins

Case Number: 16-CR-1061

Judge: Lisa Hayden Whisman

Court: Circuit Court, Powell County, Kentucky

Plaintiff's Attorney: Powell County, Kentucky attorney's office

Defendant's Attorney:

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Description:

Stanton, Kentucky criminal defense lawyer represented the Defendant charged with first-degree burglary, theft by unlawful taking, and being a first-degree persistent felony offender ('PFO').

In exchange for dismissal of the PFO charge, Lykins entered a guilty plea in January 2017, and the court sentenced him to ten years in prison, probated for five years. The terms of his probation were (1) "not to violate any local, state, or federal law"; (2) "not to consume any alcohol or illegal drugs"; (3) to refrain from "illegal use of alcohol or controlled substances"; and (4) to "make all scheduled court appearances[.]"

In February 2017, Lykins failed to report to probation and parole, and his probation and parole officer filed a violation of supervision report. A bench warrant was issued and served. In August 2017, the circuit court held Lykins's first revocation hearing, and he stipulated to absconding supervision. The court amended his probation by ordering Lykins to serve 60 days in jail, and then returned him to the previous terms of probation.

In August 2018, Lykins again failed to report to probation and parole. Another warrant was issued in April 2019. That warrant was not served until January 2020, when Lykins was finally apprehended. That February, Lykins stipulated he absconded and violated the terms of his probation. The circuit court again amended his probation by ordering him to serve six months in jail, and then releasing him under previous probation conditions. Up to this point, Lisa Whisman served as Lykins's appointed counsel in her capacity as a defense attorney with the Department of Public Advocacy ("DPA").

In July 2021, Lykins was charged with first-degree strangulation and fourth-degree assault in Fayette County. On July 19, 2021, a bench warrant for a probation violation was issued, which was served on July 21. In August 2021, Judge Whisman (Lykins's former attorney) presided over his first appearance for the third probation revocation hearing, and she appointed a new public defender to represent him. On September 8, 2021, Lykins stipulated to the probation violations; Judge Whisman amended his probation with credit for time served; and Lykins was returned to supervision.

On September 28, 2021, probation and parole filed another violation of supervision report because Lykins had "failed to report [his] change of address[,]" "concealed his whereabouts from [the probation officer]," and absconded. A warrant was issued in early October 2021, but the authorities did not apprehend Lykins until April 14, 2023 in Estill County. Lykins was also arrested for second-degree fleeing or evading police, resisting arrest, and disorderly conduct in Estill County. As part of that arrest, he took a drug test and tested positive for marijuana and suboxone. A fourth probation revocation hearing took place on August 9, 2023, and the circuit court revoked Lykins's probation. At the
close of that hearing, the circuit court gave a detailed statement regarding its reasons for revoking Lykins's probation. This appeal followed. Additional facts are inserted as necessary.

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Lykins v. Commonwealth, 2023-CA-1061-MR (Ky. Ct. App. Oct 25, 2024)

Outcome: Affirmed

Plaintiff's Experts:

Defendant's Experts:

Comments: