Combs v. Commonwealth

VANCE, Justice.

Movant, William Combs, was convicted of theft by unlawful taking and wanton endangerment in the first degree. The five-year sentence recommended by the jury for wanton endangerment was enhanced to 12 years by a jury which found him guilty as a first degree persistent felony offender. The Court of Appeals affirmed the judgment. We granted discretionary review to consider two issues raised by movant.

Combs contends that the jury should have been instructed on second degree wanton endangerment, a lesser included offense. The issue was preserved for review by a request that the…