KISER v. COM.

No. 2008-CA-000200-MR.

289 S.W.3d 589 (2008)

Daniel KISER, Appellant v. COMMONWEALTH of Kentucky, Appellee.

Court of Appeals of Kentucky.

Discretionary Review Denied by Supreme Court August 19, 2009.


Attorney(s) appearing for the Case

Angela M. Rea, Louisville, KY, for appellant.

Jack Conway, Attorney General of Kentucky, Michael L. Harned, Assistant Attorney General, Frankfort, KY, for appellee.

Before MOORE, TAYLOR, and VANMETER, Judges.


OPINION

VANMETER, Judge.

Daniel Kiser appeals from the Jefferson Circuit Court's judgment sentencing him to a total of ten years' imprisonment after he entered a conditional guilty plea to third-degree burglary and theft by unlawful taking over $300. Kiser argues that the evidence against him was insufficient to support the burglary conviction since he did not enter a building. For the following reasons, we reverse and remand.

The parties...

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