0000034299 00000 n He was charged with PERSISTENT FELONY OFFENDER II. -- Amended 2006 Ky. Acts ch. 012, Indictment #: I am sorry to hear that your family has been having such a difficult time. The objective of Kentucky's 1974 Act was to punish offenders, not for a particular act, but for repeated criminal activity, for making crime a "career." application/pdf Overcast. Booking Number: NP40MW228202343700. 26, effective June 8, 2011. 2 tables, 11 endnotes, and 36 references (Author abstract modified), Territories Financial Support Center (TFSC), Tribal Financial Management Center (TFMC). However, it is also important to remember that the defendant must be found guilty of the underlying charge in order to incur PFO punishment enhancements. 0000003457 00000 n PERSISTENT FELONY OFFENDER, 1ST DEGREE Incomplete offense information found; Indictment #: 93CR755 . All Rights Reserved by Recently Booked. trailer <<8620C6E15A864966B8F2053774DC9F6C>]/Prev 126074>> startxref 0 %%EOF 43 0 obj <>stream Additionally, the defendant must have been at least eighteen (18) years of age at the time they were convicted of the prior felony. 0000012292 00000 n N4SXzhIk06*@ t nCO\L8Vd$. If so what jail time could they be looking at? And could they do pretrial diversion , and what could be possible offers they are offered.. To be able to advise you in detail regarding these questions, please feel free to contact our office and set up a time to discuss these matters in more detail with one of our attorneys. (b) If the offense for which he presently stands convicted is a Class C or Class D felony, a persistent felony offender in the first degree shall be sentenced to an indeterminate term of imprisonment, the maximum of which shall not be less than ten (10) years nor more than twenty (20) years. You're all set! Josh Glenn Shelby, 37, no address listed, is charged with possession of a firearm by a convicted felon and first-degree persistent felony offender on Nov. 4. ) or https:// means youve safely connected to the .gov website. (Ky. Rev. I have never personally seen anyone be successful in making that request. Read the full series by subscribing to The Courier Journal today. Ann. charged as a persistent felony offender depends on two factors: the PFO degree, and the nature of the underlying felony charge. For example, if the defendant's crime would normally be charged as a class D felony, but the defendant is a persistent felony offender in the second degree, the crime will instead be charged as a class C felony (and incur the applicable penalties for a class C felony upon conviction). A good friend of mine is.). On January 1, 1975, Kentucky enacted its persistent felony offender (PFO) statute with the intention of cracking down on those who commit more than one felony, and deterring would-be offenders. Kelty pleaded guilty to lesser charges of . AN ACT relating to persistent felony offenders. Fentanyl Trafficking in Kentucky: House Bill 215. For example, if the defendant's crime would normally be charged as a class D felony, but the defendant is a persistent felony offender in the second degree, the crime will instead be charged as a class C felony (and incur the applicable penalties for a class C felony upon conviction). Of PFO's, 59 percent were white, 97 percent were male, and 60 percent received an additional sentence as a PFO in the second degree. For example, if a defendant has been convicted and sentenced to five years The investigative series drew a link between the law's enhanced sentencing terms to the state's high and growing prison population. (2) A persistent felony offender in the second degree is a person who is more than twenty-one (21) years of age and who stands convicted of a felony after having been . UOR Code Kentucky Revised Statute Offense Description . Individual, offense, and criminal career characteristics were examined using data on 1,261 inmates incarcerated as persistent felony offenders (PFO's) as of May 1, 1985. How long is persistent felony offender in KY? In Kentucky, the concept of a Persistent Felony Offender (PFO) is created by Kentucky Revised Statute 532.080 which authorizes additional punishment for people who are at least twenty-one (21) years of age and have been convicted of multiple felonies within a given time period. 0000019124 00000 n Most PFO's were under 21 years of age at the time of their first felony arrest, and 75 percent were incarcerated for their first adult felony offense. However, if a person who stands convicted of felony is at least 21 years old, has been convicted of a prior felony, and was at least 18 years old at the . Possible jail times are set forth in KRS 532.090 and possible fines are listed in KRS 532.040. (1) When a defendant is found to be a persistent felony offender, the jury, in lieu of the sentence of imprisonment assessed under KRS 532.060 for the crime of which such person presently stands convicted, shall fix a sentence of imprisonment as authorized by subsection (5) or (6) of this section. Anthony Antonio Eddins. LockA locked padlock (1) Except as provided in 46-18-219 and subsection (2) of this section, a persistent felony offender shall be imprisoned in the state prison for a term of not less than 5 years or more than 100 years or shall be fined an amount not to exceed $50,000, or both, if the offender was 21 years of age or older at the time of the commission of the may have more current or accurate information. 18-CR-64-2, Indictment Count: 0000011091 00000 n This designation increases the amount of prison time a defendant must serve. In Kentucky, those who re-commit felonies are called "persistent felony offenders" (PFO). 001, Indictment Count: Finally, the People tendered sufficient admissible evidence at the persistent felony offender hearing to prove defendant's prior felony convictions (see People v Kenyon, 108 AD3d 933, 942 [2013], lv denied 21 NY3d 1075 [2013]; People v Shaw, 83 AD3d 1101, 1102-1103 [2011], lv denied 17 NY3d 801 [2011]). lex loci - october 2018 Definition of persistent felony offender. Lawmakers set up work group to study inconsistencies. Jackson and others pushing for changesknow there'slittle chance of PFO being scrapped entirely, so they've focused their proposals on narrowing it. This information does not infer or imply guilt of any actions or activity other than their arrest. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Kentucky Online Offender Lookup. Defendants are eligible for a PFO charge if they have at least one past felony conviction and their full sentence including prison time, probation or restitution ended within five years of their current case. 0000019536 00000 n In case you missed it, PBS' Emmy Award-winning documentary series Independent Lens and the Pulitzer Prize-Winning Courier Journal have launched a multimedia investigative series looking at Kentucky's Persistent Felony Offender (PFO) laws.The series hopes to use the power of journalism and filmmaking to examine the past present and what is to come for the Kentucky PFO law. Kentucky, Laurel County, BAKER, JOSEPH R - 2023-02-28 16:05:00 mugshot, arrest, booking report The law was designed for "extraordinary use," its originalauthor said. 0000005446 00000 n Saettel received a theft by unlawful taking charge and second-degree persistent felony offender. Compared to second degree PFO's, first degree PFO's were likely to be older, younger at first conviction, better educated, and more likely to have marital-family and sexual problems. of Transportation, speeding 15 mph over the limit and careless driving; Elton R. Martin, 39 of Greensburg, for first-degree criminal mischief, violation of EPO/DVO and violation of conditions of release; and Larry Allen, 55 of Hodgenville for menacing. 2018-10-10T15:58:17-04:00 All three men were placed in the Big . 0000001906 00000 n violent felony offender as defined in section 70.08, who stands. |;1O,?]0v_]?3\rUn_7=3}0XtTSF2fCz\+~fTLb(6#mZ- Thank you. 0000001355 00000 n 0000026860 00000 n Updated: March 1, 2023 @ 11:45 pm Onefelony conviction in the timeframe and at least one more at any time makesyou eligible for a first-degree persistent felony offender charge. Graphic novel:How Kentucky punishes persistent criminals. The objective of Kentucky's 1974 Act was to punish offenders, not for a particular act, but for repeated criminal activity, for making crime a "career." Under this statute, persons convicted of a felony more than once can receive enhanced sentences as persistent felony offenders. Adobe PDF Library 15.0 Required fields are marked *. The increased punishmentshave given prosecutors another powerful tool to push plea deals. They created the category of second-degree persistent felony offender, which meant someone could face the law's harsher punishment after just one conviction. Disclaimer: These codes may not be the most recent version. However person did not retaliate just happened to be there when other party did. PFO's are repeat offenders convicted of persistent criminality and receiving more severe sentences as a result. Section 532.080.) You already receive all suggested Justia Opinion Summary Newsletters. The court must impose a maximum prison term of life imprisonment (N.Y. Black Kentuckians have disproportionately been labeled as "persistent felons," the analysis showed. Kentucky's "persistent felony offender" law (PFO) is a prime example of the types of "tough-on-crime" laws that have pushed the state's incarceration rate to one of the highest in the world, draining hundreds of millions of taxpayer dollars each year for prisons and jails that are filled to dangerously high levels, reports the Louisville Kentucky divides its felony crimes into four levels, with class D as the lowest and class A the highest. No, once you have plead guilty, you waived your right to appeal. Often a prosecutor will allow a defendant to plead guilty and agree to not pursue sentencing as a Persistent Felony Offender or to allow the defendant to enter an Alford plea which by statute does not trigger the Persistent Felony Offender statute. Prosecutors another powerful tool to push plea deals the increased punishmentshave given prosecutors another powerful tool push. 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