Nichols v. Commonwealth

Opinion of the Court by

Justice KELLER.

I. INTRODUCTION

Appellant, David Nichols, was convicted of Wanton Murder and Assault under Extreme Emotional Disturbance (“EED”) and was also found to be a Second-Degree Persistent Felony Offender (“PFO”). The jury recommended a PFO-enhanced sentence of life on the Wanton Murder conviction and a PFO-enhanced sentence of ten (10) years on the Assault under EED conviction. The jury recommended that the sentences run concurrently with each other for a total sentence of life. The trial court sentenced Appellant in accordance with the jury’s recommendation, and…