Blackburn v. Commonwealth
Annotate this CaseA jury found Appellant Rachel Blackburn guilty of first-degree trafficking in a controlled substance and of being a second-degree persistent felony offender. The Supreme Court vacated Appellant's forty-year sentence, holding (1) Ky. Rev. Stat. 533.060(2) modifies Ky. Rev. Stat. 532.110(1) so that subsequent offenses run consecutively may exceed the maximum aggregate duration allowed by section 532.110(1)(c); and (2) in this case, the trial court incorrectly entered a total sentence of forty years based on the jury's earlier recommendation that Appellant's sentences should all run consecutively because, pursuant to Kan. Rev. Stat. 532.080 and 532.110(1)(c), Appellant's consecutive sentences could not exceed twenty years. Remanded for resentencing.
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