Luna v. Commonwealth

HAYES, Judge.

Appellant, Jimmy Leroy Luna, was indicted for trafficking in a schedule I nonnarcotic (Hashish). He was convicted of trafficking in a schedule I non-narcotic, second offense, and was sentenced to ten years in the penitentiary.

The only alleged error, of any substance, is whether the trial court erred in submitting the case to the jury as a second offense, thereby enhancing the penalty, when such was not charged in the indictment.

The defendant, Luna, was indicted for a violation of KRS 218A.050 for trafficking in a controlled substance, a non-narcotic— hashish. No mention was made…