Boulder v. Commonwealth

LUKOWSKY, Justice.

John George Boulder was convicted in the Fayette Circuit Court of first degree assault (KRS 508.010) and possession of a handgun by a convicted felon (KRS 527.-040). His sentences for these two convictions were respectively enhanced to thirty-five and five years when he was found to be a persistent felony offender (PFO) in the second degree (KRS 532.080). He now appeals from that judgment. We reverse in part and affirm in part, and remand with directions.

During the evening of May 14, 1979, an altercation arose on a Lexington street involving John, his girl friend Deborah, a…