Bates v. Commonwealth

OPINION

THOMAS D. EMBERTON, Senior Judge,

(Assigned).

Robert Bates was convicted of escape in the second degree and being a persistent felony offender in the second degree. The sole issue on appeal is whether the trial court erroneously failed to give a duress instruction. We find that the evidence did not warrant the instruction and affirm.

Bates was lodged in the Breckinridge County Jail charged with theft by unlawful taking and criminal mischief in the first degree. On August 22, 2001, he was transported to the Breckinridge Circuit Court, and upon the return trip Bates and another inmate…