Offutt v. Commonwealth

COMBS, Justice.

Offutt was indicted for murder (KRS 507.020) and as a persistent felony offender (KRS 532.080). He was found guilty of wanton murder, for which his sentence was fixed at thirty years’ imprisonment.. Upon finding the defendant to be a persistent felony offender in the second degree, the jury enhanced the penalty to fifty years. Offutt does not challenge the murder conviction, but seeks dismissal of the PFO count and a new sentencing hearing.

Two issues are presented by this appeal: (1) whether a sentence upon a murder con*816viction may be enhanced under the PFO sentencing statute;…