Burke v. Commonwealth

OPINION OF THE COURT BY

JUSTICE KELLER

A Kenton County jury convicted Devlin Burke of three counts of second,.degree assault, one count of fourth degree assault, and being a persistent felony offender in the second degree. The jury recommended a sentence of seventeen-years’ imprisonment. Following trial, the court imposed *312the recommended sentence and made a finding that Burke’s actions constituted a hate crime under Kentucky Revised Statute (KRS) 532.031. Burke appealed his conviction to the Court of Appeals, arguing that KRS 532.031 is unconstitutional as written and as applied. He also argued…