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IMPORTANT NOTICE
NOT TO BE PUBLISHED OPINION,

THIS OPINION IS DESIGNATED "NOT TO BE PUBLISHED." PURSUANT TO THE RULES OF CIVIL PROCEDURE PROMULGATED BY THE SUPREME COURT, CR 76.28(4)(C), THIS OPINION IS NOT TO BE PUBLISHED AND SHALL NOT BE CITED OR USED AS BINDING PRECEDENT IN ANY OTHER CASE IN ANY COURT OF THIS STATE; HOWEVER,
UNPUBLISHED KENTUCKY APPELLATE DECISIONS,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BY THE COURT SHALL BE SET OUT AS AN UNPUBLISHED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RENDERED: DECEMBER 22, 2011 NOT TO BE PUBLISHED


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2010-SC-000830-MR

LATARRA NICOLE MARTIN APPELLANT
ON APPEAL FROM FAYETTE CIRCUIT COURT
V. HONORABLE JAMES D. ISHMAEL, JR., JUDGE NO. 09-CR-01169
COMMONWEALTH OF KENTUCKY APPELLEE
MEMORANDUM OPINION OF THE COURT
AFFIRMING

Appellant, Latarra Martin, lived with her four children in an apartment in Lexington, Kentucky. Her apartment was located across the hall from Jeff Wilburn's. Wilburn was a maintenance man for the apartment complex. On March 11, 2009, she knocked on his door and told him that her toilet and bathtub had dirt in them and asked that he fix them. Wilburn then went across the hall to Appellant's apartment where she shot and killed him.
When police arrived, Appellant gave several irrational explanations for her actions. When asked by a detective why she shot Wilburn, Appellant said, "dirty water." She offered several other bizarre explanations throughout the investigation as well.
Appellant was indicted by a Fayette County grand jury on August 11,
2009, for one count of murder and three counts of first-degree wanton endangerment. On September 13, 2010, a jury found her guilty, but mentally ill, of murder; two counts of first-degree wanton endangerment; and one count of second-degree wanton endangerment. On November 24, 2010, the trial court sentenced her to a total of twenty-four years imprisonment. She now appeals the judgment and convictions as a matter of right. Ky. Const.

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Kentucky Law