Thomas v. Commonwealth

REED, Justice.

Frank D. Thomas was convicted by a jury of one count of kidnapping (KRS 509.040) and two counts of wanton endangerment in the first degree (KRS 508.060). Punishment was fixed at eleven years’ confinement on the kidnapping charge, four years on one of the wanton endangerment charges and five years on the other wanton endangerment charge. The trial judge entered judgment in accordance with the jury’s verdict and also provided that the sentences run consecutively. Thomas appeals.

The Attorney General candidly concedes that the trial judge’s instructions to the jury were…