Haymon v. Commonwealth

VANCE, Justice.

The question is whether possession of a firearm obtained during the commission of a burglary constitutes use of a weapon so as to preclude eligibility for probation, shock probation, or conditional discharge under the terms of K.R.S. 533.060(1).

Movant entered a plea of guilty to a charge of first degree burglary committed by knowingly and unlawfully entering a building with intent to commit a crime and while in immediate flight therefrom he was armed with a deadly weapon, a shotgun. K.R.S. 511.020(1). In fact, he stole the shotgun and left the premises with it. He was *240not armed…