Commonwealth v. Lundergan

The four Justices who comprise the Court’s majority have delivered three separate opinions which differ substantially from one another. Special Justice Bratt holds that this Court’s decision in Commonwealth v. Davis, Ky., 728 S.W.2d 532 (1987), was erroneous and should be overruled in favor of a Court of Appeals’ opinion rendered several years earlier in Commonwealth v. McClure, Ky.App., 593 S.W.2d 92 (1979). Davis held unmistakably that the maximum possible term of incarceration is controlling of whether an undes-ignated offense is a felony or a misdemean- or, while McClure held just the…