Montgomery v. Commonwealth

OPINION

J. LAMBERT, JUDGE:

Joshua Montgomery appeals from the Morgan Circuit Court’s judgment and sentence following jury trial, entered July 17, 2015. After careful review, we affirm in part, reverse in part and remand for entry of a new judgment of conviction.

On October 28, 2014, the appellant, Joshua Montgomery, got into a heated argument with his parents at their home in Hazel Green, Kentucky, over Montgomery’s desire to use the family van. Montgomery, 27 years old, did not have a driver’s license and so his parents forbade him from taking the vehicle. The argument es*277calated when Montgomery…