Elliott v. Commonwealth

COOPER, Justice.

Appellant was convicted of reckless homicide in the Simpson Circuit Court and sentenced to one year in prison. His sentence was probated on the condition that he serve 120 days in the county jail. KRS 533.030(6). The Court of Appeals reluctantly affirmed in a 2-1 decision, noting that it was compelled to follow the controlling precedent of Shannon v. Commonwealth, Ky. 767 S.W.2d 548 (1988). SCR 1.030(8)(a). We granted discretionary review and now reverse the Simpson Circuit Court and the Court of Appeals and remand this case for a new trial.

THE FACTS.

On July 18,1993, the…