Hamilton v. Commonwealth

DYCHE, Judge.

James Doug Hamilton was found guilty of Escape, Second Degree (KRS 520.030), by a jury in the Hart Circuit Court. He was subsequently found by the same jury to be a Persistent Felony Offender, First Degree (KRS 532.080), and his sentence of three years on the principal charge was enhanced to ten years. He now appeals, claiming two errors.

Hamilton asserts that he was denied his right to due process of law by the trial court’s failure to suppress evidence concerning certain firearms found in his possession when he was apprehended on the *871escape charge, thirty-nine days following the…