Finney v. Commonwealth

WHITE, Judge.

This appeal arises from a Jefferson Circuit Court conviction upon a charge of theft by unlawful taking over $100, enhanced by the status offense of persistent felony offender II. The relevant facts will be presented in discussion of the assigned errors.

Finney’s first assignment is that the lower Court erred in not giving an instruction delineating his right not to have testified during the PFO proceeding. Carter v. Kentucky, 450 U.S. 288, 101 S.Ct. 1112, 67 L.Ed.2d 241 (1981), rendered nearly five months prior to this action, held that when requested by the defendant, the trial…