White v. Commonwealth

770 S.W.2d 222 (1989)

Joseph Carl WHITE and Marita Renee Combs, Appellants,

v.

COMMONWEALTH of Kentucky, Appellee.

No. 88-SC-300-DG.

Supreme Court of Kentucky.

March 16, 1989.

Rehearing Denied June 8, 1989.

Steven D. Yater, Louisville, for appellants.

Frederic J. Cowan, Atty. Gen., Lana Grandon, Asst. Atty. Gen., Frankfort, for appellee.

WINTERSHEIMER, Justice.

This appeal is from a decision of the Court of Appeals which held that the trial judge may resentence White as a Persistent Felony Offender II without retrial.

White and Combs were originally convicted of third-degree burglary and criminal…