COM. v. DURHAM

No. 94-SC-942-DG.

908 S.W.2d 119 (1995)

COMMONWEALTH of Kentucky, Appellant, v. James R. DURHAM, Appellee.

Supreme Court of Kentucky.

October 19, 1995.


Attorney(s) appearing for the Case

Chris Gorman, Attorney General, Dina Abby Jones, Assistant Attorney General, Criminal Appellate Division, Frankfort, for Appellant.

Barbara F. Anderson, Lexington, for Appellee.


WINTERSHEIMER, Justice.

This appeal is from a decision of the Court of Appeals which declared that the maximum aggregate sentence for a persistent felony offender in the second degree who is convicted of multiple Class D felonies is ten years.

The Commonwealth argues that the trial judge properly sentenced Durham to twenty years in prison and that the decision of the Court of Appeals is in direct conflict with the relevant statutory and case authority. Durham...

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