Commonwealth v. Nash

*265Opinion of the Court by Justice

SCHRODER.

Appellee, Anthony Nash, was convicted, pursuant to a conditional guilty plea, of a first offense violation of Kentucky’s Sex Offender Registration Act (a Class D felony), and being a second-degree persistent felony offender. Because Appellee was not required to register as a sex offender, we vacate the opinion of the Court of Appeals, and likewise we vacate the convictions, and remand to the trial court with instructions to dismiss the indictment.

FACTS

Appellee was convicted of burglary in the third degree (Class D felony) on June 23, 1992, for which he…