Commonwealth v. Gamble
Annotate this CaseDefendant entered a guilty plea to both trafficking in a controlled substance in the second degree (TICS2) and being a persistent felony offender (PFO) in the second degree. The trial court sentenced Defendant to one year imprisonment for the TICS2 charge, which was enhanced to five years by the PFO charge. The court of appeals reversed and remanded the case with directions for the trial court to conduct a new sentencing hearing, holding that section Ky. Rev. Stat. 218A.1413, as amended, prohibited the enhancement of Defendant’s sentence beyond a period of three years. The Supreme Court reversed the opinion of the court of appeals and reinstated the sentence of the circuit court, holding that the circuit court was not statutorily barred from enhancing Defendant’s sentence beyond the three-year cap by virtue of his status as a PFO.
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