Campbell v. Commonwealth

Respectfully, I dissent.

This case graphically illustrates the reason why we have a deplorable credibility gap in criminal sentencing. Campbell and Jones have committed a third rate, nonviolent Class D felony, breaking and entering to commit theft, now classified as burglary in the third degree. KRS 511.040. This offense has a range of punishment from one to five years. KRS 532.020(l)(a).

By splitting the crime into two offenses, Theft and Burglary III, then recognizing the appellants’ status as persistent felony offenders which provides significantly increased sentences, and then ordering the…