Covington v. Commonwealth

SCHRODER, Judge.

Appellant, Frankie Covington, appeals from the judgment of the Lyon Circuit Court sentencing him to a total of ten (10) years for the conviction of assault in the third degree and being a persistent felony offender in the second degree (“PFO II”). Appellant primarily contends KRS 508.-025(l)(b) is invalid and the lower court erred in overruling his motion to dismiss the indictment. We disagree and, thus, affirm.

The facts in this case are essentially undisputed. Appellant, an inmate at the Kentucky State Penitentiary at Eddyville, Kentucky, jumped out of the showers and began…