MacK v. Commonwealth

KELLER, Justice.

I. INTRODUCTION

Appellant, Reginald Mack, was convicted by a Bell Circuit Court jury of First-Degree Robbery and received a sentence of twenty years. 1 He appeals to this Court as a matter of right 2 and contends that the trial court committed reversible error by failing to instruct the jury on the lesser-included offenses of Theft by Unlawful Taking Over $300.00 (“TBUT”) and Fourth-Degree Assault. We disagree with Appellant’s contention and affirm his conviction.

II. BACKGROUND

In May 2002, Lillie May Evans, 71 years old, was shopping at Big Lots in Middles-boro, Kentucky. When…