ACOSTA v. COM.

No. 2011-SC-000097-DG.

391 S.W.3d 809 (2013)

Samantha Monahan ACOSTA, Appellant v. COMMONWEALTH of Kentucky, Appellee.

Supreme Court of Kentucky.

February 21, 2013.


Attorney(s) appearing for the Case

Susan Jackson Balliet , Assistant Public Advocate, Frankfort, KY, Counsel for Appellant.

Jack Conway , Attorney General, Christian Kenneth Ray Miller , Assistant Attorney General, Office of Criminal Appeals, Office of the Attorney General, Frankfort, KY, Counsel for appellee.


Opinion of the Court by Justice NOBLE.

This case presents the issue of whether proof at trial showing only an opportunity to commit first-degree criminal abuse against a child is sufficient to support a jury instruction and resulting verdict for directly abusing the child, as opposed to the alternative theory of permitting the abuse of the child. This Court holds that such proof is not sufficient.

I. Background

Cecilia Alvarado was only six months...

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