Clark v. Commonwealth

OPINION

THOMPSON, Judge:

Earl Clark appeals the December 11, 2008, judgment of conviction and sentence of the Jefferson Circuit Court finding Clark guilty of one count of receiving stolen property over $800 and sentencing him to two-years’ incarceration, enhanced to five years by virtue of a persistent felony offender (PFO) conviction.1 The two issues presented are whether Clai’k was denied due process when the Commonwealth indicted Clark on the PFO offense during his trial on the underlying substantive offense and whether a Texas misdemeanor conviction can be used as an underlying conviction…