LAMBERT, JUDGE.
Terry Mills, proceeding pro se, appeals from a Lyon Circuit Court order dismissing his petition for declaration of rights.
On July 31, 2002, Mills pleaded guilty to the following charges: (1) manufacturing methamphetamine while in possession of a firearm, (2) possession of drug paraphernalia while in possession of a firearm, (3) first-degree possession of a controlled substance while in possession of a firearm, (4) possession of a handgun by a convicted felon, (5) theft by unlawful taking under $300, (6) possession of marijuana while in possession of a firearm, and (7) being a first-degree persistent felony offender. Pursuant to the guilty plea, the sentences for counts 1-6 ran concurrently for a total of twenty-years' imprisonment enhanced by twenty-years' imprisonment on the charge of being a first-degree persistent felony offender.
Manufacturing methamphetamine is a Class B felony. Kentucky Revised Statutes (KRS) 218A.1432(2). Mills pleaded guilty to manufacturing methamphetamine while in possession of a firearm, which enhanced the conviction to a Class A felony. See KRS 218A.992 (1)(a). Based upon Mills' conviction of a Class A felony, the Department of Corrections classified Mills as a violent offender. KRS 439.3401(3) provides that,
Mills argues that he was improperly classified as a violent offender given that the facts underlying his conviction do not contain violence. We disagree.
KRS 439.3401(1) defines "violent offender" as: "[a]ny person who has been convicted of or pled guilty to the commission of: (a) [a] capital offense; (b) [a] Class A felony; (c) [a] Class B felony involving the death of the victim or serious physical injury to the victim . . . .", among other crimes. While examining KRS 439.3401, we must,
Revenue Cabinet v. O'Daniel, 153 S.W.3d 815, 819 (Ky. 2005) (internal footnotes and quotations omitted). While KRS 439.3401(c) requires that Class B felonies result in death or serious injury to be deemed violent offenses, the statute does not specifically require Class A felonies to result in death or serious physical injury or involve violence. Therefore, it follows that all persons convicted of Class A felonies are classified as violent offenders.
Although we must examine the plain meaning of the law, it is also appropriate to consider "the contemporaneous facts and circumstances which shed intelligible light on the intention of the legislative body." Mitchell v. Kentucky Farm Bureau, Ins. Co., 927 S.W.2d 343, 346 (Ky. 1996) (overruled on other grounds by Nantz v. Lexington Lincoln Mercury Subaru, 947 S.W.2d 36 (Ky. 1997)). We recognize that manufacturing methamphetamine while in possession of a firearm was not a Class A felony in 1991 when KRS 439.3401 was enacted.
Based on the foregoing, we affirm the Lyon Circuit Court order.
ALL CONCUR.