BURTON v. COM.


715 S.W.2d 897 (1986)

Clyde M. BURTON, Appellant, v. COMMONWEALTH of Kentucky, Appellee.

Court of Appeals of Kentucky.

Discretionary Review Denied by Supreme Court October 7, 1986.


Attorney(s) appearing for the Case

V. Gene Lewter, Lexington, for appellant.

David L. Armstrong, Atty. Gen., Mary-James Young, Asst. Atty. Gen., Frankfort, for appellee.

Before WILHOIT, COOPER and DUNN, JJ.


DUNN, Judge.

This is an appeal from the judgment of the Fayette Circuit Court in which the appellant Burton was convicted for burglary in the third degree, with a sentence of five years enhanced to fifteen years by a conviction for persistent felony offender in the first degree. We reverse.

In the PFO portion of a bifurcated trial the Commonwealth presented proof of the underlying convictions for Burton being a first degree persistent felony offender consisting...

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