Gaither v. Commonwealth

JOHNSTONE, Justice.

The sole issue we must decide in these appeals is whether KRS 632.110(4) creates an exception to the sentencing limit set forth in KRS 532.110(l)(c). We find that it does.

Appellant was charged in one indictment with possession of a firearm by a convicted felon (a Class C felony); theft by unlawful taking over $300 (a Class D felony); three counts of receiving stolen property over $300 (all Class D felonies); and with being a first-degree persistent felony offender. In a separate indictment, Appellant was charged with second-degree escape (a Class D felony) and, again, PFO…