HIBBARD v. COM.


661 S.W.2d 473 (1983)

Earl HIBBARD, Appellant, v. COMMONWEALTH of Kentucky, Appellee.

Supreme Court of Kentucky.

December 22, 1983.


Attorney(s) appearing for the Case

Jack E. Farley, Public Advocate, William M. Radigan, Asst. Public Advocate, Frankfort, for appellant.

Steven L. Beshear, Atty. Gen., Carl T. Miller, Jr., Asst. Atty. Gen., Frankfort, for appellee.


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...

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