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RENDERED: MAY 31, 2002; 2:00 p.m.
NOT TO BE PUBLISHED

Commonwealth Of Kentucky

Court Of Appeals

NO. 2001-CA-002027-MR

COMMONWEALTH OF KENTUCKY APPELLANT

APPEAL FROM CHRISTIAN CIRCUIT COURT

v. HONORABLE EDWIN M. WHITE, JUDGE
ACTION NO. 00-CR-00599

CHRISTOPHER LONG APPELLEE

OPINION
REVERSING AND REMANDING
** ** ** ** **

BEFORE: EMBERTON, GUIDUGLI, AND MILLER, JUDGES.

MILLER, JUDGE: The Commonwealth of Kentucky brings this appeal
from a September 6, 2001 order of the Christian Circuit Court.
We reverse and remand.

On December 29, 2000, Christopher Long was indicted by
the Christian County Grand Jury upon one count of reckless
homicide. Kentucky Revised Statutes (KRS) 507.050. In June
2001, Long filed a motion to dismiss the indictment alleging that
his actions were insufficient to establish recklessness. A
hearing ensued, and the circuit court entered its order
dismissing the indictment on September 6, 2001. Therein, the
court specifically found:

The alleged actions that caused the death of
Bobby Sue Lindenmuth were driving a vehicle
fifteen miles per hour over the posted speed
limit and running a red light. As tragic as
this incident is, the Court does not believe
that defendant's conduct was reckless as that
term is defined in our statutes.

This appeal follows.

The Commonwealth contends the circuit court erred by
entering its order dismissing the indictment against Long.
Specifically, the Commonwealth alleges that the court is without
authority to inquire as to the sufficiency of evidence upon which
the indictment was based. We are compelled to agree with the
Commonwealth.

In reviewing an indictment, the court is limited to a
determination of whether the indictment is valid upon its face,
and whether it conforms to statutory requirements. See Hancock

v. Commonwealth, Ky. App., 998 S.W.2d 496 (1998). It is well
established that the sufficiency of evidence to support an
indictment may not be properly considered by the court upon a
motion to dismiss the indictment. See Commonwealth v. Hayden,
Ky., 489 S.W.2d 513 (1972); Commonwealth v. Hamilton, Ky. App.,
905 S.W.2d 83 (1995).

In the case at hand, there was no allegation that the
indictment was invalid on its face, or that the indictment failed
to conform with statutory requirements. Rather, the circuit
court dismissed the indictment based upon its belief that the
evidence was insufficient to establish that Long acted with
recklessness. We, therefore, must conclude that the circuit

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