Kotila v. Commonwealth

Although I agree with the majority’s holding that Appellant’s Manufacturing Methamphetamine conviction must be reversed for a new trial because of the erroneous jury instruction, I write separately because I disagree with the majority’s Part IV(B) conclusion that the trial court properly denied Appellant’s request for a lesser-included offense instruction as to Criminal Attempt to Manufacture Methamphetamine. The majority recognizes that KRS 506.010 creates liability for attempts to commit criminal offenses but holds that the trial court properly denied to give Appellant’s requested…