Commonwealth v. Grimes

WINTERSHEIMER, Justice.

This appeal is from a decision of the Court of Appeals which held that a conviction pursuant to KRS 218A.990(2) could not be enhanced pursuant to the general persistent felony offender statute.

The legal issue presented is whether a sentence pursuant to a conviction of trafficking in a Schedule III controlled substance subsequent offender case under KRS 218A.990(2), may be used as a basis to enhance punishment under the general persistent felony offender statute.

Grimes was originally convicted in circuit court of trafficking in a controlled substance second offense with…