Berry v. Commonwealth

OPINION

CLAYTON, Judge.

James Henry Berry appeals from the Jefferson Circuit Court’s denial of his fourth collateral motion for a new trial pursuant to Kentucky Rules of Civil Procedure (CR) 60.02. We affirm.

In 1987, James Berry was tried and convicted of murder and of being a persistent felony offender (“PFO”), in the first degree. Berry was sentenced to life for the murder conviction, which was enhanced to two hundred years pursuant to the PFO charge. On direct appeal, the PFO conviction was vacated with directions that Berry be resentenced to life imprisonment. See Berry v. Com., 782 S.W.2d…