Heady v. Commonwealth

LUKOWSKY, Justice.

Heady was convicted of carrying a concealed weapon in violation of KRS 527.-020(1). Ordinarily this offense is a misdemeanor. However, Heady had previously been convicted of an armed robbery involving a deadly weapon. This upgraded the offense to a felony and his punishment was fixed at four years’ imprisonment. KRS 527.020(5).

The Commonwealth then sought to further increase the penalty by having Heady declared to be a persistent felony offender in the first degree. KRS 532.080. The jury found he occupied that status and his punishment was then fixed at twenty years’…