Eary v. Commonwealth

GANT, Justice.

Movant was convicted on a two-count indictment of possession of a handgun by a convicted felon, KRS 527.040, and of being a persistent felony offender in the first degree, KRS 532.080. His sentence was fixed at 15 years imprisonment.

This case is another of those spawned by the previous holdings of this court in Boulder v. Commonwealth, Ky., 610 S.W.2d 615 (1980), and Heady v. Commonwealth, Ky., 597 S.W.2d 613 (1980). In his first assignment of error, movant complains that his “status” as a felon was used to create the crime and then used again to enhance his punishment,…