Burton v. Commonwealth

DUNN, Judge.

This is an appeal from the judgment of the Fayette Circuit Court in which the appellant Burton was convicted for burglary in the third degree, with a sentence of five years enhanced to fifteen years by a conviction for persistent felony offender in the first degree. We reverse.

In the PFO portion of a bifurcated trial the Commonwealth presented proof of the underlying convictions for Burton being a first degree persistent felony offender consisting of proof that he was convicted of and sentenced to two years in prison on the charge of complicity to commit second-degree burglary on…