Berry v. Commonwealth

WINTERSHEIMER, Justice.

This appeal is from a judgment based on a jury verdict which convicted Berry of murder and as a persistent felony offender. He was sentenced to life on the murder charge and the sentence was enhanced to 200 years as a persistent felony offender.

The principal issue is whether a PFO enhancement is permissible following a conviction for murder. Berry argues that because K.R.S. 507.020(2) classifies murder as a capital offense, the penalty authorized for such offense is found in K.R.S. 532.030(1) and not under K.R.S. 532.060. He contends that a PFO proceeding is not proper…