Commonwealth v. Mixon

I respectfully dissent from the majority opinion and would affirm the Court of Appeals.

All four of the prior convictions underlying the PFO phase of this case occurred in the state of North Carolina. KRS 422.040 should govern this situation. The pertinent portion of that statute is as follows:

The records and judicial proceedings of any court of any state, attested by the clerk thereof in due form, with the seal of the court annexed if there be a seal, and certified by the judge, chief justice, or presiding magistrate of the court, shall have the same faith and credit given to them in this…