BERRY v. COM.

No. 88-SC-317-MR.

782 S.W.2d 625 (1990)

James Henry BERRY, Appellant, v. COMMONWEALTH of Kentucky, Appellee.

Supreme Court of Kentucky.

January 18, 1990.


Attorney(s) appearing for the Case

J. David Niehaus, Deputy Appellate Defender, Jefferson Dist. Public Defender, Daniel T. Goyette, Jefferson Dist. Public Defender, of counsel, Louisville, for appellant.

Frederick J. Cowan, Atty. Gen., John Gillig, Gregory C. Fuchs, Asst. Attys. Gen., Crim. Appellate Div., Frankfort, for appellee.


WINTERSHEIMER, Justice.

This appeal is from a judgment based on a jury verdict which convicted Berry of murder and as a persistent felony offender. He was sentenced to life on the murder charge and the sentence was enhanced to 200 years as a persistent felony offender.

The principal issue is whether a PFO enhancement is permissible following a conviction for murder. Berry argues that because K.R.S. 507.020(2) classifies murder as a capital offense, the penalty...

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