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IMPORTANT NOTICE NOT TO BE PUBL ISHED OPINION
THIS OPINION IS DESIGNATED "NOT TO BE PUBLISHED ." PURSUANT TO THE RULES OF CIVIL PROCEDURE PROMULGATED BY THE SUPREME COURT, CR 76.28(4)(C), THIS OPINION IS NOT TO BE PUBLISHED AND SHALL NOT BE CITED OR USED AS BINDING PRECEDENT IN ANY OTHER CASE IN ANY COURT OF THIS STATE ; HOWEVER, UNPUBLISHED KENTUCKY APPELLATE DECISIONS, RENDERED AFTER JANUARY 1, 2003, MAY BE CITED FOR CONSIDERATION BY THE COURT IF THERE IS NO PUBLISHED OPINION THAT WOULD ADEQUATELY ADDRESS THE ISSUE BEFORE THE COURT. OPINIONS CITED FOR CONSIDERATION BY THE COURT SHALL BE SET OUT AS AN UNPUBLISHED DECISION IN THE FILED DOCUMENT AND A COPY OF THE ENTIRE DECISION SHALL BE TENDERED ALONG WITH THE DOCUMENT TO THE COURT AND ALL PARTIES TO THE ACTION.

RENDERED : NOVEMBER 21, 2007 NOT TO BE PUBLISHED

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2006-SC-000080-MR BILLY KEITH MELTON ON APPEAL FROM MONROE CIRCUIT COURT HONORABLE EDDIE C. LOVELACE, JUDGE NO. 04-CR-000089 APPELLEE

V.

COMMONWEALTH OF KENTUCKY MEMORANDUM OPINION OF THE COURT AFFIRMING I . Introduction

Billy Keith Melton was convicted of Murder,' two counts of Rape in the First Degree, Complicity to Tampering with Physical Evidence, and Intimidating a Witness . 4 Melton received a sentence of life for murder, twenty (20) years each for rape, five (5) years for complicity to tampering with physical evidence, and five (5) years for intimidating a witness . While each count was to run consecutively, Melton received a sentence of life in prison . Appealing to this Court as a matter of right, Melton argues the circuit court committed reversible error by denying his motion for a continuance, and by denying his repeated motions for a change of venue. Finding no error, we affirm . 11. Factual Background 2 3 4 5 Kentucky Revised Statute (KRS) 507 .020 . KRS 510.040. KRS 502 .020 and KRS 524. 100 . KRS 524.040 . Kentucky Constitution

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