Berry v. Commonwealth

I concur in results only.

Reason and logic should not be strangers in the house of the law. Even though the statute is inartfully drawn, within the overall structure of the Penal Code murder is a Class A felony when the death penalty is not sought and should be so considered. The General Assembly’s language in KRS 507.020 should not be taken literally with disregard of the rest of the Code where to do so provides an absurd, illogical result. The General Assembly clearly intends the PFO statute to apply to a murder conviction when murder is tried subject to the penalty for a Class A felony, and…