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NOT TO BE PUBLISHED OPINION

IMPORTANT NOTICE

THIS OPINION IS DESIGNATED "NOT TO BE PUBLISHED. " PURSUANT TO THE RULES OF CIVIL PROCED URE PROMUL GATED BY THE SUPREME COURT, CR 76.28 (4) (c), THIS OPINION IS NOT TO BE PUBLISHED AND SHALL NOT BE CITED OR USED AS A UTHORITY INANY OTHER CASE INANY COURT OF THIS STA TE.

RENDERED : MARCH 17, 2005 AS MODIFIED : AUGUST 25, 2005 NOT TO BE PUBLISHED

,$ixyrrntr Court of ~i
2003-SC-0283-MR SAMUEL ARTHUR YENAWINE

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APPELLANT

V.

APPEAL FROM JEFFERSON CIRCUIT COURT HONORABLE ANN O'MALLEY SHAKE, JUDGE INDICTMENT NO . 01-CR-293 APPELLEE

COMMONWEALTH OF KENTUCKY MEMORANDUM OPINION OF THE COURT

AFFIRMING IN PART, REVERSING AND REMANDING IN PART

Appellant, Samuel Yenawine, was convicted of arson in the first degree (KRS 513.020), four misdemeanor counts of wanton endangerment in the second degree (KRS 508 .070), tampering with physical evidence (KRS 524.100), and of being a persistent felony offender in the second degree (KRS 532.080(2)). He was acquitted of the homicide charge . He received a life sentence for the arson conviction, and appeals as a matter of right.' We hold that the trial court erred in failing to give an instruction on third-degree arson and accordingly, we reverse the first-degree arson conviction . Appellant's convictions of second-degree wanton endangerment, tampering with physical evidence, and of being a persistent felony offender in the second degree are affirmed . ' Ky . Const.

Download 2003-sc-000283-mr-3.pdf

Kentucky Law