Commonwealth v. Stinnett

WINTERSHEIMER, Justice.

This appeal is from a decision of the Court of Appeals which reversed a judgment to the extent that it orders the sentences to run consecutively and remanded to the trial court for a new sentencing hearing. The conviction was not reversed.

*830The sole question presented is whether the trial judge committed error when he ran the three misdemeanor sentences of Stinnett consecutively without having given the jury the opportunity to make a recommendation.

Stinnett was indicted for second-degree burglary, first-degree criminal mischief and misdemeanor theft as well as for being a…