Mulliran v. Commonwealth

While I concur with the majority on the other issues, I must dissent as to the majority’s conclusion that there was no double jeopardy violation with respect to Mullikan’s convictions for first-degree wanton endangerment and third-degree terroristic threatening. Here, the defendant was convicted of both offenses for chasing Fry-man with a sword. I dissent because the majority presumes no double jeopardy violation in this case without thoroughly applying this Court’s decision in Commonwealth v. Burge, 947 S.W.2d 805 (Ky.1996). As a result, it is inconsistent with our precedent holding that…