Commonwealth v. Durham

Respectfully, I dissent.

Milner v. Commonwealth, Ky.App., 655 S.W.2d 31 (1983), is not dispositive of this case. KRS 532.080(5) was not controlling in determining the result in Milner. Milner addressed the maximum permissible sentence for a defendant convicted of multiple crimes for which consecutive sentences were imposed when that defendant was not a persistent felony offender of any degree. KRS 532.080(5) was not controlling in determining the result in Milner.

In this case, Durham pled guilty to being a second-degree persistent felony offender. The underlying charges were Class D felonies.…