Use Adobe's Conversion Tool to convert the following PDF files into text in the event that you are viewing this page with assistive technology that is not compatible.

Fields Jr. v. Com., 2003-SC-000742-MR - Not To Be Published, Affirming -- PDF -

Appellant, Stafford Darnell Fields, Jr., appeals as a matter of right from a judgment of the Fayette Circuit Court. Following a jury trial, Appellant was found guilty of intentional murder and tampering with physical evidence and was sentenced to thirty and five years' imprisonment, respectively, to be served consecutively. He raises two issues on appeal . Finding no error, we affirm.

Fisher v. Com., 2003-SC-000499-MR -Not To Be Published, Affirming -- PDF

Appellant, Danny Fisher, was convicted of Murder and Tampering with Physical Evidence, and sentenced to twenty-five years. Appellant claims that the trial court erred by not granting a continuance, or in the alternative, suppressing the evidence, when the prosecutor revealed that she intended to call an expert witness on the day that trial was set to begin . Because Appellant was not unfairly prejudiced by the witness's testimony and because the prosecutor did not violate any of the rules of discovery, we affirm Appellant's conviction.

Fairrow v Com., 2004-SC-000293-MR- To Be Published,Affirming -- PDF

A Hopkins Circuit Court jury convicted Appellant, James Fairrow, Jr., of two counts of trafficking in a controlled substance in the first degree, KRS 218A .1412, and found him to be a persistent felony offender in the first degree, KRS 532 .080(3) . He received enhanced sentences of thirty-five years in prison for each trafficking conviction, which were ordered to run concurrently . Appellant appeals to this Court as a matter of right, Ky. Const. § 110(2)(b), asserting five claims of reversible error: (1) the admission of improper character evidence; (2) the use of a prejudicial nickname during trial; (3) the failure to excuse a juror for cause ; (4) the failure to suppress an in-court identification of Appellant as a result of an unduly suggestive show-up; and (5) the failure to grant Appellant directed verdicts of acquittal on both counts of trafficking in a controlled substance. For the reasons stated herein, we affirm .

Fitts v.Com., 2004-SC-000653-MR -Not To Be Published, Affirming -- PDF

On August 20, 2002, Appellant, Ronnie Fitts, was convicted of two counts of drug trafficking relating to two separate sales of crack cocaine to a confidential police informant, a Class C felony under KRS 218A.1412. Because he was previously convicted of cocaine trafficking under former KRS 218A. 1 40(l), each count was enhanced to a Class B felony, KRS 218A .1412(2)(b), and Appellant was sentenced to serve two consecutive fifteen-year prison terms. On October 23, 2003, this Court affirmed Appellant's convictions but reversed his sentences because the instructions required the jury to find him guilty of trafficking in a controlled substance in the first degree, second offense, without first requiring the jury to find that Appellant was a subsequent offender within the meaning of KRS 218A . 1412(2)(b). Fitts v. Commonwealth, No. 2002-SC-1072-MR, slip op. at 6 (Ky. Oct. 23, 2003) . His case was remanded to the Fulton Circuit Court for a new sentencing hearing. Id. On remand, a new jury, properly instructed, found that Appellant was a second offender and sentenced him to serve two consecutive twenty-year sentences - the maximum allowed for two Class B felony convictions under KRS 532 .020(1)(c) and KRS 532.110(1)(c) . Appellant appeals his new sentence as a matter of right, Ky. Const. § 110(2)(b), asserting that the trial court: (1) was vindictive in sentencing him to a higher penalty on resentencing, thus violating his Fourteenth Amendment Due Process rights; and (2) erred in instructing the jury on second-offense enhancement because, in order to enhance his sentence under KRS 218A.1412(2)(b), the Commonwealth first had to prove that the conduct giving rise to his prior drug trafficking conviction (under former KRS 218A.140(1)) would support a conviction under current KRS 218A.1412 . Finding no error, we affirm .