Churchwell v. Commonwealth

HUDDLESTON, Judge.

Ronald Churchwell appeals from a Marshall Circuit Court judgment convicting him of Theft by Unlawful Taking Over $100.00 (KRS 514.030) and sentencing him to five years’ imprisonment. Because the Commonwealth’s closing argument violated Churchwell’s right to due process, and because law enforcement officers obtained evidence of the theft as a result of an illegal stop, we reverse and remand.

At approximately 3:00 a.m. on May 29, 1989, Ron Reed, a Kentucky Park Ranger, observed a vehicle slowly cruising the marina area of Kentucky Dam Village State Park. Because the occupants…