Commonwealth v. Sego

WINTERSHEIMER, Justice.

This appeal is from a decision of the Court of Appeals which reversed a judgment of conviction against Sego for conspiracy to commit second-degree arson. He was sentenced to seven years in prison but was probated for a term of five years.

The specific issues are whether an undercover police agent can be a party to a conspiracy and whether an indicted conspirator becomes a non-conspirator by pleading guilty to a lesser charge. The Court of Appeals answered both questions in the negative and reversed the conviction by relying on KRS 506.070(3) to the effect that a…