Court of Appeals of Kentucky February 24, 1995, No. 94-CA-0014-MR (Cooper v. Commonwealth)

COMBS, Judge:

This case involves an issue of first impression in this Commonwealth; i.e., whether a court-ordered pre-sentence “yard restriction” constitutes “custody” for which credit for time served must be granted. The Appellant contends that this restriction amounted to pre-conviction custody, for which he should have received credit against his jail sentence.