Legal Opinion

Commonwealth v. Durham

Kentucky Supreme Court

Decided October 19, 1995No. 94-SC-942-DGPublishedCited by 4 opinions

1Opinion of the Court

WINTERSHEIMER, Justice.

This appeal is from a decision of the Court of Appeals which declared that the maximum aggregate sentence for a persistent felony offender in the second degree who is convicted of multiple Class D felonies is ten years.

The Commonwealth argues that the trial judge properly sentenced Durham to twenty years in prison and that the decision of the Court of Appeals is in direct conflict with the relevant statutory and case authority. Durham contends that the twenty year sentence should be corrected to a ten year sentence because the maximum sentence for a persistent felony…

2Cases cited4 opinions

  1. Dawson v. CommonwealthKentucky Supreme Court · 1988
  2. Hendley v. CommonwealthKentucky Supreme Court · 1978
  3. Milner v. CommonwealthCourt of Appeals of Kentucky · 1983
  4. Roy Karem George v. William C. SeaboldCourt of Appeals for the Sixth Circuit · 1990

3Cited by4 opinions

  1. Myers v. CommonwealthKentucky Supreme Court · 2001
  2. Eldridge v. CommonwealthCourt of Appeals of Kentucky · 2015
  3. Darrell Strunk v. Commonwealth of KentuckyCourt of Appeals of Kentucky · 2023
  4. Myers v. CommonwealthKentucky Supreme Court · 2001

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