BURKE v. COM.

No. 2009-SC-000431-MR.

322 S.W.3d 71 (2010)

Patrick Paul BURKE, Appellant, v. COMMONWEALTH of Kentucky, Appellee.

Supreme Court of Kentucky.

September 23, 2010.


Attorney(s) appearing for the Case

Shelly R. Fears , Assistant Public Advocate, Department Of Public Advocacy, Frankfort, KY, Counsel for Appellant.

Jack Conway , Attorney General, Michael John Marsch , Assistant Attorney General, Office Of Criminal Appeals, Attorney General's Office, Frankfort, KY, Counsel for Appellee.


Opinion of the Court by Justice VENTERS.

Appellant, Patrick Paul Burke, was convicted by a Jefferson Circuit Court jury of second-degree escape and first-degree persistent felony offender. For these crimes, Appellant received a sentence of twenty years' imprisonment. Appellant now appeals to this Court as a matter of right. Ky. Const. § 110.

Appellant asserts two arguments on appeal: 1) that the trial court erred by denying his request for a jury instruction...

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