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KENTUCKY STATUTES AND CODES

35.340 Proceedings to vacate suspension of sentence.

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35.340 Proceedings to vacate suspension of sentence. (1) Prior to the vacation of the suspension of a court-martial sentence the officer having court-martial jurisdiction over the probationer shall hold a hearing on the alleged
violation of probation. If he so desires the probationer shall be represented at such
hearing either by counsel provided by him or by counsel provided for him at his
request in the same manner as specified in KRS 35.335. (2) The record of the hearing and the recommendations of the officer having court- martial jurisdiction shall be forwarded for action to the state judge advocate in cases
involving a general court-martial sentence. If he vacates the suspension, the
vacation shall be effective to execute any unexecuted portion of the sentence. (3) The suspension of any other sentence may be vacated by any authority competent to convene, for the command in which the accused is serving or assigned, a court of
the kind that imposed the sentence. History: Amended 1970 Ky. Acts ch. 56, sec. 47. -- Created 1954 Ky. Acts ch. 99, sec. 67, effective July 1, 1954.

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