David R. Nunn, Jr. v. Commonwealth of Kentucky

── David R. Nunn, Jr. v. Commonwealth of Kentucky ── Court: Court of Appeals of Kentucky Date: May 22, 2026 Author: Eckerle Category: General RENDERED: MAY 22, 2026; 10:00 A.M. NOT TO BE PUBLISHED Commonwealth of Kentucky Court of Appeals NO. 2025-CA-0784-MR DAVID R. NUNN, JR. APPELLANT APPEAL FROM HARDIN CIRCUIT COURT v. HONORABLE JOHN D. SIMCOE, JUDGE ACTION NO. 13-CR-00191 COMMONWEALTH OF KENTUCKY APPELLEE OPINION AFFIRMING ** ** ** ** ** BEFORE: EASTON, ECKERLE, AND MCNEILL, JUDGES ECKERLE, JUDGE: Appellant, David R. Nunn, Jr. (“Nunn”), seeks review pro se, of the Hardin Circuit Court’s Order denying his motion for modification of his sentence pursuant to Kentucky Rule of Civil Procedure (“CR”) 60.02(f). After careful review of the record and applicable law, we affirm the Circuit Court’s Order that Nunn’s 39-year sentence does not violate the statutory cap found in Kentucky Revised Statute (“KRS”) 532.110(1)(c).  Facts and Procedural Background As the Hardin Circuit Court noted in its Order: Nunn was indicted in this case on charges of being a Convicted Felon in Possession of a Handgun, Fleeing and Evading 2nd Degree and being a Persistent Felony Offender 1st Degree. After a jury trial Nunn was sentenced, pursuant to the jury’s verdict, to an enhanced 20-year sentence. Order at 1. Records from the Kentucky Department of Corrections confirm that Nunn also had multiple prior convictions across Barren, Hardin, and Morgan counties for Class C and D felonies, which the Commonwealth identified as part of Trial Record Volume VI (“TR Vol. VI”).1 TR Vol. VI at 667. With the addition of his 20-year sentence in Hardin County, which was run consecutively with any prior sentences, the aggregate sentence from Nunn’s multiple convictions was 39 years. Id. Following his 2013 conviction in Hardin County on the above charges, Nunn sought review of his judgment on direct appeal in 2015 and in a post-conviction challenge pursuant to Kentucky Rule of Criminal Procedure (“RCr”) 11.42 in 2020 without success. After our Supreme Court issued its 1 Although Nunn’s Brief fails to provide an Appendix List or Index as required by Kentucky Rule of Appellate Procedure (“RAP”) 32(E)(1)(d), the documents attached substantially comply with the remainder of RAP 32(E)(1) by providing the Order on appeal first and submitting only documents from the record below or relevant to his indigent filing requirements. Given Nunn’s pro se status and attempts to comply with the RAP overall, we decline to impose sanctions and proceed with review on the merits. -2- holding in Kimmel v. Commonwealth, Nunn then filed a motion for modification of his sentence pursuant to CR 60.02(f). 671 S.W.3d 230 (Ky. 2023) (holding that the sentencing cap applied to sentences across multiple cases). In his motion, Nunn alleged that his 39-year aggregate sentence violates KRS 532.110(1)(c), because the cap for his Class C and D felony convictions would be 20 years based on the language of KRS 532.080 at the time of his sentencing. In its Order, the Circuit Court concluded that Kimmel did not apply to cases involving sentences from multiple prior convictions that occurred over a period of several years, in different counties, and that were sentenced separately in each of the cases. Order at 1. Accordingly, the Circuit Court denied Nunn’s motion to correct his sentence.2 This appeal followed. Standard of Review “[B]ecause the trial court and appellate court have inherent authority to correct an unlawful