Brown v. Commonwealth

PALMORE, Justice.

The appellant, Joseph Henry Brown, was found guilty under two counts of an indictment charging him with attempted robbery, KRS 506.010, 515.020, and being a persistent felony offender, KRS 532.080. He appeals from a judgment sentencing him to 20 years’ imprisonment in accordance with the persistent-offender verdict. KRS 532.-080(4)(c).

A bifurcated trial was held before the same jury pursuant to KRS 532.080(1), which provides that when a defendant is charged with being a persistent felony offender “the determination of whether or not he is such an offender and the punishment…