Howell v. Commonwealth

OPINION

MOORE, Judge.

Arvid Howell appeals the jury verdict and judgment of the Kenton Circuit Court convicting him for assault in the second degree. After a careful review of the record, we reverse, as the trial court was incorrect in finding, under the circumstances of this case, that second-degree assault is a lesser included offense of first-degree robbery.

I. FACTUAL AND PROCEDURAL BACKGROUND

Howell was an employee at SIS Industries, a company located in Northern Kentucky. "While at work one night, Howell suspected that one of his co-workers had stolen his money and illegal drugs. Howell…