Gill v. Commonwealth

CLAYTON, Justice.

William D. Gill was convicted by a jury in Fayette Circuit Court of one count of trafficking in a Schedule II narcotic drug, cocaine (KRS 218A.990), one count of trafficking in a Schedule II non-narcotic drug, preludin (KRS 218A.990), and one count of being a persistent felony offender in the first degree (KRS 532.080). His punishment was enhanced to ten years on each count and was ordered to run consecutively.

After filing a direct appeal, appellant filed, pro se, an RCr 11.42 motion attacking his conviction for first degree PFO. The trial judge sustained the motion and set…