Shane v. Commonwealth

Opinion of the Court by

Justice NOBLE.

Appellant, Timothy Carl Shane, was indicted in Jefferson County, charged with Rape in the First Degree, Sodomy in the First Degree, Burglary in the First Degree, and Persistent Felony Offender in the Second Degree (PFO Second). He was tried by a Jefferson County jury and convicted as charged on the burglary and PFO Second. He was sentenced to a term of twenty years’ imprisonment, enhanced to thirty-five years by the PFO Second charge. On appeal, he argues that the trial court erred in denying his motion to dismiss based on an eleven year delay; in denying…