COSBY v. COM.

No. 2002-SC-0806-DG.

147 S.W.3d 56 (2004)

Montez Lamont COSBY, Appellant, v. COMMONWEALTH OF KENTUCKY, Appellee.

Supreme Court of Kentucky.

Rehearing Denied November 18, 2004.


Attorney(s) appearing for the Case

Daniel T. Goyette, Frank Wm. Heft, Jr., Jefferson District Public Defender, Louisville, Counsel for Appellant.

Gregory D. Stumbo, Attorney General, Samuel J. Floyd, Jr., Assistant Attorney General, Counsel for Appellee.


Opinion of the Court by Justice STUMBO.

This appeal poses the following issue of first impression: Where one is convicted of or pleads guilty to a criminal offense, remains free on bond while waiting to be sentenced, and in the interim perpetrates another crime, does the phrase "awaiting trial" as set forth in KRS 533.060(3) apply so as to require the imposition of consecutive sentences. For the reasons set forth below, we hold that it does and, therefore, affirm...

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