Moore v. Commonwealth

HAYES, Judge.

Joseph H. Moore, was found guilty of assault in the second degree and sentenced to ten (10) years imprisonment. He complains on appeal that he was: (1) denied due process of law by the trial court’s failure to conduct an evidentiary hearing into his competency to stand trial; (2) substantially prejudiced by the trial court’s failure to impanel the jury in accordance with KRS 29A.060(2) and RCr 9.30; and (3) his conviction cannot stand because the jury verdict was not necessarily unanimous. We disagree with the appellant and affirm the lower court’s judgment.

Appellant’s trial…