Phillips v. Commonwealth

GANT, Justice.

Appellant, Michael Phillips, was convicted in the Pike Circuit Court of second-degree burglary, receiving stolen property over $100, and first-degree rape. After a finding that Phillips was a first-degree persistent felon, his sentence was enhanced to 40 years’ imprisonment. Phillips appeals from the judgment of the Pike Circuit Court as a matter of right. We affirm.

On or about August 7, 1982, some person^) entered Patricia Elswick’s apartment, without permission, and stole a 19-inch General Electric television set. On August 7, 1982, Phillips attempted to sell the stolen set to…