Cochran v. Commonwealth

I concur in the affirmance of all of Appellant’s convictions except his conviction of burglary in the second degree under Count 15 of the indictment. That charge dealt with the burglary of the former dwelling of Junior Caskey, deceased.

An additional (third) element which distinguishes third-degree burglary, a Class D felony, from second-degree burglary, a Class C felony, is the nature of the property in or upon which the offense occurred. If the property is a “building,” the offense is third-degree burglary, KRS 511.040(1); if it is a “dwelling,” the offense is second-degree burglary, KRS…