Diehl v. Commonwealth

GANT, Justice.

Appellant, Robert Bernard Diehl, Jr., was convicted in the Jefferson Circuit Court of three counts of burglary in the second degree and six counts of receiving stolen property. After finding that Diehl was also a first-degree persistent felon, the jury recommended that the sentences on each count be enhanced to 20 years’ imprisonment. The trial court ordered that the sentences be served concurrently. Diehl appeals from the judgment of the Jefferson Circuit Court as a matter of right.

Diehl first attacks the trial court’s ruling that the Commonwealth would be permitted to use…