Commonwealth v. Derringer

Certification of Law by

Chief Justice MINTON.

Under Section 115 of the Kentucky Constitution and Kentucky Rules of Civil Procedure (CR) 76.37(10), the Commonwealth moved this Court to certify the law on the *126question of whether a conviction for which a defendant is currently on felony pretrial diversion can be used as a qualifier to indict that defendant as a second-degree persistent felony offender (PFO 2) when he commits a later felony offense. We hold that it cannot. And we hold that the sentence for the prior felony must have been imposed at the time the defendant commits the later crime in…