Pollini v. Commonwealth

Opinion by

Although I concur with the majority on all other issues, I respectfully dissent from the issue of whether Byron Pruitt was murdered during the commission of a First-Degree Burglary.

The majority relies on Baker v. Commonwealth, 860 S.W.2d 760 (Ky.1993), in support of its holding on the definition of “immediate flight,” but distinguishes the facts of the Baker case from the facts of this case to overturn the jury’s verdict.

“It seems clear that the aggravating factors in the first-degree-burglary statute *435were enacted to punish those who harm or threaten harm to those at the scene of a…