CHURCHWELL v. COM.

No. 91-CA-002365-MR.

843 S.W.2d 336 (1992)

Ronald CHURCHWELL, Appellant, v. COMMONWEALTH of Kentucky, Appellee.

Court of Appeals of Kentucky.

Rehearing Denied January 8, 1993.


Attorney(s) appearing for the Case

Mark Alan Posnansky, Appellate Public Advocate, Louisville, for appellant.

Chris Gorman, Atty. Gen. and Vickie L. Wise, Asst. Atty. Gen., Frankfort, for appellee.

Before HAYES, HUDDLESTON and SCHRODER, JJ.


HUDDLESTON, Judge.

Ronald Churchwell appeals from a Marshall Circuit Court judgment convicting him of Theft by Unlawful Taking Over $100.00 (KRS 514.030) and sentencing him to five years' imprisonment. Because the Commonwealth's closing argument violated Churchwell's right to due process, and because law enforcement officers obtained evidence of the theft as a result of an illegal stop, we reverse and remand.

At approximately 3:00 a.m. on May 29, 1989, Ron...

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