Commonwealth v. Brasher

HOWERTON, Judge.

The Commonwealth appeals from an order running Darren Brasher’s sentence in 90-CR-1295 concurrently with a prior sentence in 89-CR-1395. The Commonwealth argues that KRS 533.060(3) requires that the sentence in the second conviction run consecutively with the prior offense. Although we are well aware that the legislature has provided greater penalties for persons who commit multiple offenses, we nevertheless must conclude that the plain language of KRS 533.060(3) provides a gap which makes the statute inapplicable to Brasher’s situation. KRS 532.110(1) is therefore applicable,…