Southers v. Commonwealth

OPINION

ROSENBLUM, Senior Judge.

Charles Southers appeals from an order of the Breathitt Circuit Court denying his October 17, 2003, motion to suppress evidence. Finding error, we vacate and remand.

As a preliminary note, the question of whether Southers has “standing” to challenge the search has been raised. However, the trial court made no determination of the issue; therefore, we will not consider it. If the Commonwealth wanted to make standing an issue, it should have secured a ruling from the trial court. See e.g., Clark v. Commonwealth, 868 S.W.2d 101, 102-103 (Ky.App.1993)(declining to…