Price v. Commonwealth

LEIBSON, Justice.

John M. Price, Jr. appeals his conviction in Christian Circuit Court of being a first-degree persistent felony offender (PFO). The substantive offense underlying this conviction was robbery in the first degree. Price is presently serving a forty (40) year sentence.

Price’s sole contention on appeal is that his PFO conviction must be vacated because the charge was presented by an indictment separate from the indictment charging him with robbery. In other words, Price contends that a PFO charge must be included in the same indictment as the underlying substantive offense or the…