Criminal: FAMBROUGH V. DEPT. OF CORRECTIONS (COA; 2/3/2006)

FAMBROUGH V. DEPT. OF CORRECTIONS
CRIMINAL –  Corrections
2005-CA-000033
PUBLISHED  – AFFIRMING
PAISLEY, J.
Date: 2/3/2006

In the present case, the judgment reflects that Fambrough pled guilty to sodomy in the
first degree. This was sufficient to put Department of Corrections on notice that the violent offender statute applied to him. DOC correctly classified Fambrough as a violent offender pursuant to KRS 439.3401(1) despite the absence of the “death or serious physical injury” language from the trial court’s judgment.