Commonwealth v. Davis

WINTERSHEIMER, Justice.

This appeal is from a decision of the Court of Appeals which reversed the first-degree persistent felony conviction of Davis because the underlying Ohio felony conviction could not be used to support the PFO charge in Kentucky.

The question is whether an Ohio felony conviction for which Davis received an indeterminate sentence of six months to five years, probated for three years, qualifies as a felony for the persistent-felony offender purposes in Kentucky.

Davis was convicted of a third-degree burglary felony, and of being a first-degree PFO offender and was sentenced…