Commonwealth v. Tate

REYNOLDS, Justice.

This appeal arises from appellee’s judgment of conviction of two counts of second-degree robbery, possession of a controlled substance, and being a second-degree persistent felony offender, for which he is serving a twelve-year sentence.

At issue is whether drug addiction is a mental disease, defect, or illness for purposes of KRS 504.020.

Gregoi'y Tate, being in need of money to supply his drug habit, pawned his TV and VCR, borrowed money from friends, and subsequently sold his truck for $1,500.00. The monies were used to purchase drugs which he quickly ingested. Having but…