Commonwealth v. Sanders

STEPHENSON, Justice.

Mark Anthony Sanders was convicted of second-degree burglary (KRS 511.030) and sentenced to five years’ imprisonment. The Court of Appeals reversed for a new trial based on the refusal of the trial court to instruct on criminal trespass, KRS 511.-060. We granted discretionary review and reverse the decision of the Court of Appeals.

We discern a conflict between panels of the Court of Appeals in this Court of Appeals opinion and Polk v. Commonwealth, Ky.App., 574 S.W.2d 335 (1978), rendered by a different panel.

The facts adduced at trial are as follows:

Three witnesses…