Commonwealth v. Hinton

STEPHENSON, Justice.

Steven Ellis Hinton was convicted of burglary in the third degree and sentenced to fifteen years’ imprisonment after a determination that he was a persistent felony offender in the first degree. On appeal the conviction of burglary in the third degree was affirmed, but the Court of Appeals reversed the judgment of guilt of being a persistent felony offender in the first degree. We granted discretionary review and reverse the decision of the Court of Appeals.

This appeal calls into question the application of Zachery v. Commonwealth, Ky., 580 S.W.2d 220 (1979), in construing…