Hibbard v. Commonwealth

GANT, Justice.

Appellant was convicted of first degree burglary and sentenced as a second degree persistent felony offender to 20 years and 1 day. On this appeal, he assigns five errors, three of which are without merit. The remaining two grounds pertain to the persistent felony phase of the trial.

At the PFO hearing, the Commonwealth clearly proved every element of its case and appellant offered no countering evidence and, in fact, did not take the stand. He requested the court to give an instruction under RCr 9.54(3) that he was not compelled to testify and that no inference of guilt should…