Arnold Moore v. Commonwealth of Kentucky

Summary

The court affirmed Moore’s convictions and sentences for manufacturing methamphetamine and first-degree possession of a controlled substance, holding that hearsay testimony about statements allegedly made by an alternative perpetrator was properly excluded because the declarant’s unavailability was not established. The court reversed the first-degree persistent-felony-offender determination and vacated the enhanced sentence because the Commonwealth’s evidence did not permit a reasonable jury to find beyond a reasonable doubt that a statutory PFO-status condition existed. The case was remanded for sentencing on the underlying felony convictions and entry of a consistent judgment.