Lemon v. Commonwealth

WEST, Judge.

This is an appeal from a judgment based on a jury verdict finding appellant guilty on two counts of receiving stolen property. The jury returned verdicts of four years on each count but enhanced the sentence to 12 years in the PFO/Truth in Sentencing (TIS) phase of the proceedings.

On appeal, Lemon argues that combination of the persistent felony offender phase with the penalty phase required by KRS 532.055 violated his due process rights and permitted introduction of incompetent and prejudicial evidence. We disagree and affirm.

Appellant has asked this Court to resolve issues which…