Commonwealth v. Churchwell

GUDGEL, Judge.

This is an appeal from an order entered by the McCracken Circuit Court in a criminal prosecution. Appellant Commonwealth of Kentucky contends that the trial court erred by dismissing a second-degree persistent felony offender (PFO) indictment against appel-lee. For the reasons stated hereafter, we agree. Hence, we reverse and remand.

Appellee was indicted in October 1995 on two charges of trafficking in a controlled substance, one charge of trafficking in less than eight ounces of marijuana, and one charge of being a first-degree PFO. Later, the trafficking in controlled…