Tabor v. Commonwealth

OPINION OF THE COURT

The appellant, Harold Wayne Tabor, was convicted of robbery in the second degree, KRS 515.030, and of being a persistent felony offender in the first degree, KRS 532.-080. Tabor appealed to this court as a matter of right from a judgment sentencing him to an enhanced prison term of 20 years. For the reasons stated herein, we reverse.

On the afternoon of December 6, 1978, Mrs. Margaretta Stevens, age 82, was walking up the walkway to her apartment in Jefferson County carrying a bag of groceries and a purse by a strap around her wrist when a man approached her, ripped the…