Cunningham v. Commonwealth

OPINION OF THE COURT BY

JUSTICE VENTERS

Appellant, Allen Cunningham, appeals from a judgment of the Todd Circuit Court convicting him of theft by unlawful taking of property worth more than ten thousand dollars, second degree burglary, third degree burglary, and being a persistent felony offender in the second degree (PFO). As enhanced by the PFO conviction, Appellant was sentenced to imprisonment for a total of 20 years.

Appellant asserts that the trial court committed the following errors during his trial: 1) allowing the prosecutor to impeach him with his pre-trial silence about his alibi; 2)…