Dillingham v. Commonwealth

JOHNSTONE, Justice.

Appellants, Kenneth Ray Dillingham and Robert Jurell Hicks, were convicted respectively of first-degree robbery and complicity to first-degree robbery. Dill-ingham and Hicks were sentenced to twenty years’ imprisonment. We affirm both convictions and Dillingham’s sentence. However, because palpable error was committed during the sentencing phase of Hicks’s trial, we reverse his sentence and remand for a new sentencing hearing.

The Edmonton State Bank in Center, Kentucky, was robbed at 11:30 a.m. on December 1, 1997. A neatly-dressed man walked into the bank and handed a note…