Commonwealth v. Gamble

OPINION OF THE COURT BY

JUSTICE CUNNINGHAM

Gary Gamble, Sr. was arrested for selling three hydrocodone pills to an informant. On September 17, 2010, a Johnson Circuit Court Grand Jury indicted Gamble on trafficking in a controlled substance in the second degree (“TICS2”) and being a persistent felony offender (“PFO”) in the first degree. At the time of his indictment, TICS2, which is proscribed in Kentucky Revised Statute (“KRS”) 218A.1413, was categorized as a Class D felony carrying a sentence of one to five years imprisonment. On June 8, 2011, the General Assembly enacted House Bill 463 (“HB…