Hayes v. Commonwealth

OPINION OF THE COURT

Danny Ray Hayes appeals from a judgment convicting him of first-degree robbery (10 years), possession of a handgun by a convicted felon (3 years), possession of a controlled substance (1 year) and being a first-degree persistent felony offender (20 years). See respectively KRS 515.020, 527.-040, 218A.140, and 532.080. He does not challenge the robbery conviction.

Some time between 7:00 and 7:30 p. m. on November 8, 1978, two masked men, one of whom was armed with a pistol, entered Wagner’s Pharmacy in Louisville, Kentucky. The two announced a holdup, flourished the pistol,…