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Ordway v Com, 2004-CA-000883 -- Published ; Affirming -- PDF

A Jefferson Circuit Court jury convicted Larry Ordway of receiving stolen property valued over $300, and his punishment was enhanced to eight years’ imprisonment as a second-degree persistent felony offender. On appeal from the judgment, Ordway contends that the trial court erred by failing to suppress evidence of the car keys found in his pocket when he was arrested, by improperly instructing the jury, and by refusing to inform the jury in the penalty phase of the trial that his sentence would run consecutively to a previously imposed felony sentence. He further contends that the trial impermissibly subjected him to double jeopardy because an earlier trial of the same indictment ended in a mistrial that was necessitated by the Commonwealth’s misconduct. We find no merit in Ordway’s arguments; therefore, we affirm.