Howard v. Commonwealth

OPINION OF THE COURT

On August 31, 1988, appellant entered conditional pleas of guilty to the charges of trafficking in a controlled substance/subsequent offender (KRS 218A.140 and 218A.990 respectively) and of being a persistent felony offender in the first degree (KRS 532.080(3), hereafter PFO 1). The issues preserved for our review pursuant to RCr 8.09 are framed as follows:

I. The trial court should have sustained the appellant’s motion to dismiss the PFO 1 charge because his prior conviction pursuant to a 1978 indictment is constitutionally invalid, and

II. It was impermissible for the…