Commonwealth v. Merriman

Opinion of the Court by

Justice NOBLE.

The sole question at issue in these two cases is whether a juvenile, convicted as a youthful offender, is subject to the provisions of KRS 439.3401, the Violent Offender Statute. The Court of Appeals issued opposite opinions from two panels, and since this is a matter of first impression, this Court granted discretionary review on the Commonwealth’s motion. The decision of the Court of Appeals in Hickman v. Commonwealth is affirmed and the decision in Merriman v. Commonwealth is reversed and remanded for the review mandated by KRS 640.030(2).

I. Background

Le…