Dale v. Commonwealth

GANT, Justice.

Appellant was convicted on overwhelming evidence of the first degree robbery of a food mart and service station in Jefferson County. He was also convicted of possession of a handgun by a convicted felon in violation of KRS 527.040, receiving a five-year sentence on that charge. He was then tried as a persistent felony offender in the first degree on the robbery charge and his original 15-year sentence was enhanced to 25 years. The handgun offense was specifically excluded from the PFO proceedings.

Appellant contends that the use of two prior felony convictions to establish the…