Moore v. Commonwealth

WINTERSHEIMER, Justice.

This appeal is from a decision of the Court of Appeals which held that the circuit court properly sentenced Moore to consecutive prison terms pursuant to KRS 533.060(3).

The issue presented is whether KRS 533.060(3) mandates consecutive sentences under the phrase “awaiting trial” when a defendant commits a second offense after he has been indicted but not yet arraigned.

Moore entered a conditional plea of guilty to indictment No. 95-CR-3191, which is the conviction under appeal, and was sentenced to a five-year prison term to run consecutive to his seven-year prison term…