Commonwealth of Kentucky v. Darrell Strunk

Summary

The court held that Strunk’s consecutive 30-year sentence was illegal because the applicable aggregate statutory maximum was 20 years, regardless of whether the robberies were charged in one or multiple indictments. Because Strunk challenged only the legality of his sentence and not his conviction or guilty plea, the court affirmed remand for resentencing and directed the trial court to impose the highest lawful sentence of 20 years. The court also held that the Commonwealth’s failure to preserve its preferred remedy did not prevent the court from determining the proper remedy on review.