David A. Kimmel v. Commonwealth of Kentucky

RENDERED: APRIL 27, 2023 TO BE PUBLISHED Supreme Court of Kentucky 2022-SC-0038-MR DAVID A. KIMMEL APPELLANT ON APPEAL FROM BOYD CIRCUIT COURT V. HONORABLE JOHN F. VINCENT, JUDGE NO. 20-CR-00134 COMMONWEALTH OF KENTUCKY APPELLEE AND 2022-SC-0061-MR DAVID A. KIMMEL APPELLANT ON APPEAL FROM BOYD CIRCUIT COURT V. HONORABLE JOHN F. VINCENT, JUDGE NO. 21-CR-00141 COMMONWEALTH OF KENTUCKY APPELLEE OPINION OF THE COURT BY JUSTICE BISIG AFFIRMING IN PART, VACATING IN PART, AND REMANDING In March 2020, Appellant David A. Kimmel shoplifted from Walmart in Boyd County, Kentucky. He was charged and…