Boyd v. Commonwealth

STEPHENSON, Justice.

At the conclusion of the second stage of a bifurcated trial, the jury was instructed on KRS 431.190, the Habitual Criminal Act. The jury found the appellant had been convicted of two previous felonies and imposed a life sentence in accordance with the instructions. The appellant asserts error in the habitual criminal instructions (he did not testify and admit the prior convictions). The instructions given by the trial court failed to state that the jury had the option of believing the defendant was found guilty of but one of the previous convictions. This is reversible…