Jackson v. Commonwealth

Respectfully, I must dissent. I disagree with the majority opinion on both issues raised by Appellant. First, although join-der of offenses is within the sound discretion of the trial court, there are limits to that discretion. Sears v. Commonwealth, Ky., 561 S.W.2d 672, 674 (1978) (citing Rigsby v. Commonwealth, Ky., 495 S.W.2d 795 (1973) and Cargill v. Commonwealth, Ky., 528 S.W.2d 735 (1975)). Here, the offenses of robbery and escape were clearly not of same or similar character. Nor were the charged crimes based upon the same acts or transactions, or part of a common scheme or plan. The…