Blackburn v. Commonwealth

*396Opinion of the Court by

Justice SCOTT.

A Lawrence Circuit Court jury found Appellant, Rachel Blackburn, guilty with respect to two counts of first-degree trafficking in a controlled substance. The jury also found her to be a second-degree persistent felony offender (PFO). For these crimes, Appellant received a forty-year prison sentence. She now appeals as a matter of right, Ky. Const. § 110(2)(b), alleging that the trial court erred by failing to impanel a new jury and by entering an illegal term of imprisonment. '

I. BACKGROUND

On August 27, 2007, a Lawrence County grand jury rendered two…