White v. Commonwealth

WINTERSHEIMER, Justice.

This appeal is from a decision of the Court of Appeals which held that the trial judge may resentence White as a Persistent Felony Offender II without retrial.

White and Combs were originally convicted of third-degree burglary and criminal mischief. The jury assessed a sentence of one year for the burglary and a $250 fine for the criminal mischief. White’s sentence was enhanced to ten years pursuant to PFO I. His fine was probated and Combs’ sentence was probated for five years. The Court of Appeals reversed White’s PFO one conviction on the ground that the two prior…