COM. v. MIXON

No. 91-SC-335-DG.

827 S.W.2d 689 (1992)

COMMONWEALTH of Kentucky, Movant, v. Terry MIXON, Respondent.

Supreme Court of Kentucky.

April 9, 1992.


Attorney(s) appearing for the Case

Chris Gorman, Atty. Gen., Carol C. Ullerich, Asst. Atty. Gen., Criminal Appellate Div., Frankfort, for movant.

John F. Faust, Sholar, Faust and Shackelford, P.S.C., Hazard, for respondent.


SPAIN, Justice.

Respondent was convicted by a jury of second-degree assault for slashing another man with a knife, and of being a first-degree persistent felony offender (PFO). His punishment was fixed at ten years for the assault, enhanced to fifteen years by reason of his PFO status. At issue is whether the necessary elements of a PFO charge may be proved by the oral testimony of a circuit clerk from records in her custody, without the necessity of introducing into...

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