Commonwealth v. Gadd

WINTERSHEIMER, Justice.

This appeal is from that part of a decision of the Court of Appeals which reversed Gadd’s conviction of being a persistent felony offender in the first degree and directed that he be given a new trial on that phase of his sentence. He was found guilty of theft by unlawful taking of over $100 and as a persistent felony offender in the first degree. He was sentenced to ten years in prison.

The sole question here is a review of that portion of the Court of Appeals decision which held that a defendant may use the persistent felony offender portion of a trial to claim for the…