Commonwealth v. Messex

GANT, Justice.

On direct appeal, the sole issue raised is whether the failure of the court to admonish the jury on one occasion, pursuant to RCr 9.70, is reversible error even though it was unpreserved by contemporaneous objection.

In this case, Messex was indicted for and convicted of theft and given a sentence of one year on that charge. He was also indicted as a persistent felony offender in *342the first degree, and trial was held thereon, pursuant to the Criminal Rules. He was also convicted of PFO I and his sentence enhanced to 15 years. The error charged in the direct appeal, in the failure…