BURKHART v. COM.

No. 2002-SC-0405-MR.

125 S.W.3d 848 (2003)

James BURKHART, Appellant, v. COMMONWEALTH OF KENTUCKY, Appellee.

Supreme Court of Kentucky.

As Modified on Denial of Rehearing February 19, 2004.


Attorney(s) appearing for the Case

Shelly R. Fears, Department of Public Advocacy, Frankfort, Counsel for Appellant.

A.B. Chandler III, Attorney General, Ian G. Sonego, Assistant Attorney General, Office of Attorney General, Criminal Appellate Division, Frankfort, Counsel for Appellee.


Opinion of the Court by Justice GRAVES.

In the early morning hours of May 21, 2001, a Citgo Redi-Mart employee arrived at work only to discover the front doors of the business had been smashed, with broken glass strewn throughout the entrance. Prompt review of the store's video surveillance tape by the employee and a local deputy sheriff revealed that the damage was caused by what appeared to be an older model van crashing...

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