¶1concurring.
¶2I concur in the result reached by the majority, but believe we have gone too far in holding that “[t]he phrase ‘awaiting trial’ as used in th[e] statute is broad enough to include the period of time immediately after arrest.” The issue presented is framed precisely by the majority as whether KRS 533.060(3) mandates consecutive sentences under the phrase “awaiting trial” when a defendant commits a second offense after he has been indicted, but has not yet been arraigned. Unfortunately, the majority answers the question with a shotgun blast that mandates blanket application of KRS 533.060(3) and consecutive sentencing of all defendants who commit a second offense after arrest. In my opinion, Wilcoxson, Whalen, and Brasher were cases based on sound logic and need not be overruled. Respectfully, I would confine our holding to the inquiry presented.