Commonwealth v. Richardson

STEPHENSON, Justice.

Kenneth Richardson was convicted of criminal facilitation of first-degree burglary and criminal facilitation of first-degree robbery. Conviction as a persistent felony offender in the first degree enhanced each of the penalties on the primary crimes to a concurrent sentence of ten years’ imprisonment each. The Court of Appeals reversed. We granted discretionary review and reverse.

Richardson appealed to the Court of Appeals asserting a Cotton error on primary offenses and asserting error in the use of a probated felony sentence as one of the prior convictions in the…