Biederman v. Commonwealth

Opinion of the Court by Justice KELLER.

Thomas Biederman (Biederman) was convicted by the Boyd Circuit Court of the use of a weapon of mass destruction in the second degree and attempted murder. He was sentenced to forty (40) years’ imprisonment. Biederman appeals his sentence as a matter of right under Ky. Const. § 110(2)(b).

Before this Court, Biederman raises four issues: (1) that his conviction violates double jeopardy; (2) that he was wrongly sentenced as a violent offender because the jury did not find serious physical injury to the victim; (3) that it was structural error to not allow…