Montgomery v. Commonwealth

OPINION OF THE COURT

Appellants, Sherman, Hudson and Montgomery, were charged and convicted of second-degree escape and being first-degree persistent felony offenders. In all three cases the appellant received an enhanced sentence of 20 years imprisonment. They appeal as a matter of right alleging five errors. We reverse and remand on two of the five.

This case arises out of the circumstances surrounding a highly publicized escape by eight inmates from the Kentucky State Penitentiary (“KSP”) on June 16, 1988. The three appellants were apprehended in Kentucky, and were tried together in Lyon…