Colson v. Commonwealth

OPINION

TACKETT, Judge:

Brian Keith Colson (Colson) entered a plea of guilty to a charge of attempted rape in the first degree and a conditional plea of guilty to burglary in the second degree in the Calloway Circuit Court. He was sentenced to ten years in prison for the attempted rape and five years for the burglary to be served consecutively. Col-son appeals to this court, arguing that he could not be properly charged with burglary because he did not unlawfully enter the hospital and that the hospital room did not qualify as a dwelling. We affirm.

*482Colson entered the hospital room of E.W., a…