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COM. v. SANDERS

685 S.W.2d 557 (1985)

COMMONWEALTH of Kentucky, Movant, v. Mark Anthony SANDERS, Respondent.

Supreme Court of Kentucky.

February 28, 1985.

Attorney(s) appearing for the Case

David L. Armstrong, Atty. Gen., Robert V. Bullock, Asst. Atty. Gen., Frankfort, for movant.

Julie Namkin, Asst. Public Advocate, Dept. of Public Advocacy, Frankfort, for respondent.

STEPHENSON, Justice.

Mark Anthony Sanders was convicted of second-degree burglary (KRS 511.030) and sentenced to five years' imprisonment. The Court of Appeals reversed for a new trial based on the refusal of the trial court to instruct on criminal trespass, KRS 511.060. We granted discretionary review and reverse the decision of the Court of Appeals.

We discern a conflict between panels of the Court of Appeals in this Court of Appeals opinion and Polk...

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