William A. Mack appeals a judgment of the Fayette Circuit Court from a jury verdict convicting him of trafficking in a controlled substance first degree, misdemeanor possession of drug paraphernalia and persistent felony offender first degree and sentencing him to fourteen years’ imprisonment. We affirm.
Major v Com., 2003-CA-000694-MR -- Not Published;
Affirming --- PDF
Manning v. Com., 1999-CA-000441 Not Published;
Affirming -- PDF Marsch v. Com., 2003-CA-000221-- Not Published;
Affirming -- PDF
Marsh v. Com., 2003-CA-000281-- Not Published;
Affirming -- PDF
Marsh v Com., 2003-CA-000474-MR -- Not Published;
Affirming -- PDF
Marshall v Com, 2003-CA-000249 -- Not To Be Published;
Affirming-- PDF
Martin v. Com., 2002-CA-002529-- Not Published;
Affirming -- PDF
Martin v. Com., 2003-CA-001328 --Not Published;
Affirming -- PDF
Martin V Com, 2003-CA-001533-MR-- Not Published;
2003-CA-000855-MR Affirming -MR -- PDF
Martin v. Com, 2003-CA-000001 -- Not Published;
Affirming -- PDF
Martin V Com, 2003-CA-002612--Not To Be Published;
Affirming -- PDF
Martin v Com, 2003-CA-000721-MR -- Not To Be Published;
Reversed and Remanded -- PDF Martinez V Com, 2003-CA-002125--Not To Be Published; Affirming -- PDF
Matheney V Com, 2002-CA-002258-MR-- Not Published;
2003-CA-000855-MR Reversing -- PDF
McBride v. Com, 2002-CA-002157-MR -- Not Published;
Affirming -- PDF
McCall v. Com., 2003-CA-000833-MR &2003-CA-001112 Not Published;
Affirming -- PDF
McCarty v. Com, /2003-CA-001689--Not To Be Published;
Affirming -- PDF
McCauley v. Com., 2002-CA-001902 -- Not Published;
Affirming -- PDF
McClain v Com, 2002-CA-001251-MR Not To Be Published;
Affirming -- PDF McClease v Com, 2003-CA-000577--Not To Be Published;
Affirming-- PDF
McConnell V Com, 2003-CA-001475-MR--Not To Be Published;
2003-CA-000855-MR Affirming -MR -- PDF
McCormick v. Com., 2003-CA-001024-MR &2003-CA-001112 Not To Be Published;
Affirming -- PDF
McCormick v. Com., 2002-CA-000582 Not Published;
Reversing and Remanding -- PDF McElrath v. Com, 2002-CA-001732 -- Not Published;
Affirming -- PDF
McGinnis v Com, 2004-CA-000770 -- Not To Be Published;
Affirming -- PDF McGinnis v Com, 2004-CA-000783 -- Not To Be Published;
Affirming -- PDF Mckenzie v. Com., 2002-CA-001098- To Be Published;
Reversing and Remanding -- PDF Meade v. Com, 2003-CA-001870 -- Not Published;
Affirming -- PDF Meese V Com, 2003-CA-001683--Not To Be Published;
Affirming -- PDF
Meghoo v Com, 2003-CA-001074-MR-- To Be Published;
Affirming -- PDF
Mendoza v. Com., 2002-CA-002303-- Not Published;
Affirming -- PDF
Mercer V Com, 2003-CA-001801-MR-- Not Published;
2003-CA-000855-MR Vacating and Remanding -MR -- PDF
Merriman v Com, 2003-CA-000647 -- Not Published;
Affirming-- PDF
Metts v. Com., 2003-CA-000316-- Not Published;
Affirming -- PDF
Miles v Com., 2003-CA-000401-MR -- Not Published;
Affirming -- PDF
MIller v. Com., 2002-CA-000727 Not To Be Published;
Affirming -- PDF Miller v Com, 2003-CA-000785--Not To Be Published;
Affirming-- PDF
Miller v. Com., 2003-CA-000964-- Not Published;
Affirming -- PDF
Mills v. Com., 2003-CA-000790 & 2003-CA-001025-- Not Published;
Affirming -- PDF
Mitchell V Com, 2003-CA-000808--Not To Be Published;
Affirming -- PDF
Moffitt v. Com., 2002-CA-002143-- Not Published;
Affirming -- PDF
Mohammad v Com, 2003-CA-000034-- To Be Published;
Reversing -- PDF
Morgan v Com., 2003-CA-000743-MR -- Not Published;
Affirming -- PDF
Morgan v. Com, 2003-CA-000467-MR -- Not Published;
Affirming -- PDF
Morris v. Com, 2002-CA-000488-MR -- Not Published;
Vacating And Remanding -- PDF
Morris v. Com, 2002-CA-001945 -- Not Published;
Affirming -- PDF
Morrison V Com, 2003-CA-001145-MR-- Not Published;
2003-CA-000855-MR Vacating and Remanding -MR -- PDF
Morrow v. Com., 2002-CA-002052 & 2002-CA-002075-- Not Published;
Affirming -- PDF
Morrow v. Com, 2003-CA-001356 -- Not Published;
Affirming -- PDF Morton V Com, 2003-CA-000914-MR-- Not Published;
2003-CA-000855-MR Affirming-MR -- PDF
Moseley V Com, 2003-CA-000930-MR-- Not Published;
2003-CA-000855-MR Affirming-MR -- PDF
Mosely v. Com., 2002-CA-000780-MR-- Not Published;
Affirming -- PDF
Murphy v Com, 2002-CA-002453 -- Not To Be Published;
Affirming-- PDF
Murphey v Com, 2002-CA-002458 -- Not Published;
Affirming-- PDF
Muquit V Com, 2003-CA-000759-MR-- Not Published;
2003-CA-000855-MR Affirming -- PDF
Murrell V Com, 2003-CA-000436 --To Be Published;
Affirming -- PDF
Musard v. Com., 2002-CA-000910-- Not Published;
Affirming -- PDF
Billy Jack Major brings this appeal from an
April 7, 2003, judgment of the Fayette Circuit Court imposing a
prison sentence. We affirm.
The facts are these: On September 13, 2002, Lexington
Police Officer Tony Risen observed a vehicle swerving upon the
road. Officer Risen’s pursuit of the vehicle ended in what
turned out to be appellant’s driveway.
Appellant, Alan David Manning (Manning), appeals
his probation revocation for possession of a firearm by a
convicted felon. Manning pleaded guilty to the charge of
possession of a firearm in 1995. Manning was charged with
manslaughter in 1998, at which time his probation was revoked.
Robert Marsch (hereinafter “Marsch”) appeals
from an order of the Butler Circuit Court1 denying him leave to
file a successive RCr 11.42 motion. We affirm.
Leonard Marsh appeals pro se from an order of
the Jefferson Circuit Court denying his motion for postconviction
relief pursuant to RCr1 11.42 and CR2 60.02. Marsh
alleges that, for various reasons, he received ineffective
assistance of counsel in his prosecution under a multi-count indictment, and that the trial court erred by denying his motion
without holding an evidentiary hearing. For the reasons stated
below, we affirm.
Stacy Marsh (“Marsh”) appeals from an order
of the Jefferson Circuit Court overruling his motion to correct
sentence pursuant to RCr 1 11.42. After reviewing the record and
applicable law, we have found no error in the decision of the
trial court. Thus, we affirm.
Tyrone Marshall appeals from a January 14, 2003,
order of the Oldham Circuit Court. We affirm.
On April 19, 1996, appellant was indicted by a Trimble
County Grand Jury upon the offenses of murder, attempted murder
and first-degree burglary. Pursuant to appellant’s motion for
change of venue, the case was subsequently transferred to the
Oldham Circuit Court.
Troy Martin appeals from the circuit court’s
denial of his motion for relief under Kentucky Rules of Criminal
Procedure (RCr) 11.42 alleging ineffective assistance of
counsel. Specifically, he alleged that his trial counsel’s
failure to adequately preserve issues of prosecutorial
misconduct amounted to ineffective assistance.
Milford Martin appeals pro se from an order of
the Kenton Circuit Court, denying his motions made pursuant to
CR 60.02 and RCr 10.26 for post-conviction relief, an
evidentiary hearing and appointment of counsel. Because the
issues raised by Martin do not entitle him to relief under CR
60.02, we affirm.
Odell Kinte Martin (“Martin”) appeals from an
order of the Hopkins Circuit Court denying his RCr 11.42 motion
to vacate his criminal sentence. We affirm.
On February 13, 2001, the Hopkins County Grand Jury
indicted Martin on charges of first degree trafficking in a
controlled substance (cocaine), trafficking in marijuana within
1000 yards of a school, possession of drug paraphernalia,
second-degree unlawful transaction with a minor, kidnapping, and first-degree persistent felony offender (“PFO”).
Robert Lee Martin (Martin), pro se, has
appealed from an opinion entered by the Jefferson Circuit Court
on November 7, 2002, that denied his motion for relief pursuant
to Ky. R. Civ. P. (CR) 60.02. Martin argues that upon enhancing
the trial court videotape sound, he overheard a conversation at
the bench where his defense counsel, the prosecutor and the
judge had a discussion about the prosecutor’s having instructed
Edward Earl Martin appeals from an order of
the Jefferson Circuit Court of March 17, 2003, which denied his
motion pursuant to CR2 60.02 to modify his sentence. We affirm.
In this appeal Appellant, Frederick Alexander Martin (Martin), challenges his conviction and sentence for one count of kidnapping, two counts of misdemeanor assault, and one count of terroristic threatening on the grounds that the admission of videotape proceedings from a prior domestic violence proceeding were improperly admitted and certain comments made by the prosecutor in closing argument were improper. Each ground urged for reversal is founded upon palpable error because no objections were made to the evidence at trial. We believe that Martin’s conviction and sentence must be reversed for the reasons that follow.
Carmelo Jose Martinez brings this appeal from a
September 16, 2003, judgment of the Fayette Circuit Court. We
affirm.
Angela Matheney (Matheney), appeals
her conviction for manufacturing methamphetamine. We reverse
the conviction below.
Matheney was indicted on one count of manufacturing
methamphetamine, a Class B felony pursuant to KRS 218A.1432.
Her husband was also indicted for the same offense. The record
shows that Mr. Matheney went to a variety of stores and bought
two boxes of cold medicine at each store. Ms. Matheney did not enter most of the stores, and just purchased two boxes of cold
pills.
Kenneth McBride (hereinafter appellant)
appeals his conviction in the Montgomery Circuit Court for one
count of theft by unlawful taking and one count of being a
persistent felony offender in the first degree. We affirm.
Terry McCall appeals from a final judgment of
conviction entered by the Jefferson Circuit Court sentencing him
to ten years’ imprisonment. McCall contends that the sentence
imposed by the Jefferson Circuit Court was in violation of his
sentencing agreement with the Commonwealth, which provided that
he would be sentenced to six years’ imprisonment if he reported
for his sentencing hearing.
Eugene McCarty, Jr., appeals from a jury verdict
finding him guilty of three counts of drug possession. McCarty
argues that his conviction should be overturned because the
discovery of drugs in his car by police was the result of a stop
that was not supported by reasonable suspicion. He also argues
that a self-incriminating statement that he made to the police
after he allegedly had invoked his right to remain silent should
have been suppressed. We affirm.
Dariece McCauley (hereinafter “McCauley”) is
appealing from the Jefferson Circuit Court’s Judgment of
Conviction and Sentence entered August 21, 2002, following a
jury trial. McCauley was sentenced to fifteen months in prison
for her conviction of Illegal Possession of a Controlled
Substance (cocaine).
After Jeffrey McClain entered an Alford plea
to felony charges, he filed a motion to withdraw his guilty plea
with the Mason Circuit Court. Because the totality of the
circumstances surrounding the guilty plea indicate that McClain
voluntarily and intelligently waived his constitutional rights,
we hold that the trial court did not abuse its discretion in
denying McClain’s motion to set aside the guilty plea.
This is an appeal from an amended judgment
entered by the Franklin Circuit Court after appellant Brigitte1
McClease entered a guilty plea to the amended charge of
first-degree manslaughter. Appellant contends that the trial
court erred by finding that she was ineligible for probation
even though she was a victim of domestic violence. We affirm.
Appellant, James Earl McConnell, appeals the
judgment of the Fayette County Circuit Court sentencing him to
five (5) years enhanced to ten (10) years imprisonment. On June
24, 2003, the jury returned a verdict finding appellant guilty
of second degree assault. Appellant waived jury sentencing and
in agreement with the Commonwealth, entered a plea of guilty to
second degree persistent felony offender (“PFO”). For the
reasons stated hereafter, we affirm.
Damon McCormick appeals from an order of
the trial court denying his motion to withdraw his guilty plea
without holding an evidentiary hearing. We affirm.
On January 29, 2003, pursuant to a plea agreement,
McCormick appeared with counsel and entered a plea of guilty to
first-degree unlawful transaction with a minor and to
harassment.
Damon McCormick (hereinafter “McCormick”)
appeals the trial order and jury verdict entered by the
Henderson Circuit Court on February 7, 2002, adjudicating him
guilty of the offense of failure to register as a sex offender
(KRS 17.510) and enhancing his sentence of one year to fifteen years based upon a finding that he is a persistent felony
offender, first degree (KRS 532.070).
Treon McElrath appeals from an order of the
Hickman Circuit Court denying his motion for post-conviction
relief pursuant to Kentucky Rules of Criminal Procedure (RCr)
11.42. McElrath contends that he received ineffective
assistance of counsel in connection with his trial on charges of assistance of counsel in connection with his trial on charges of
conspiracy to commit murder and six counts of wanton
endangerment, and in his direct appeal following his conviction
of the charges. For the reasons stated below we affirm.
Dante McGinnis appeals from a judgment of
the Jefferson Circuit Court entered upon a jury verdict
convicting him of, among other things, one count of possession
of a firearm by a convicted felon as set forth in Kentucky
Revised Statutes (KRS) 527.040, and sentencing him to seven years in prison. McGinnis contends that the trial court erred
by permitting the Commonwealth to introduce evidence concerning
the testing of the firearm to determine whether it was capable
of being fired. We affirm.
On April 17, 1996, Robert Anthony Miller entered
an Alford 2 plea of guilty to charges of first degree murder, first degree robbery,4 and tampering with physical evidence.5 In
exchange for the plea of guilty, the Commonwealth agreed not to
present evidence of aggravating factors which would render
Miller eligible for the death penalty. Otherwise, the plea was
"open" in that it left sentencing on the murder charge up to the
trial court. The Commonwealth recommended sentences for the
robbery and tampering charges of twenty and five years,
respectively. After accepting the guilty plea and considering
the pre-sentence investigation, arguments of counsel, and
statements offered by the victim’s family, the trial court
sentenced Miller to life in prison.
Patrick D. McKenzie was convicted of thirddegree
burglary as an accomplice, enhanced by a finding that he
is a persistent felony offender in the first degree. He
appeals, arguing that the Commonwealth should not have been
permitted at the end of trial to amend the indictment to add a
complicity theory after he was indicted only as being the
principal who committed the robbery.
Bruce Meade has appealed from a final judgment
and sentence of ten years’ imprisonment entered by the Pike
Circuit Court on August 19, 2003, following a jury’s verdict
finding Meade guilty on one count of trafficking in a controlled
substance in the first degree.1 Having concluded that the
prosecutor’s closing arguments in the guilt and penalty phases
of the trial were not improper, we affirm.
William Henry Meece was convicted of
conspiracy to commit murder and sentenced to twelve years’
imprisonment. He alleges that the trial court erred when it
denied his motion in limine to exclude evidence regarding a
conspiracy to murder a fictitious person. He also alleges that
the indictment should have been amended to state the actual name of the intended victim and the evidence was insufficient to
support a conspiracy conviction.
This is an appeal from a judgment pursuant to
a conditional guilty plea convicting a truck driver of
trafficking in marijuana after being stopped by a Department of
Transportation Vehicle Enforcement Officer (“VEO”) and his
trailer being searched without a warrant. We adjudge that the
VEOs had legal authority to arrest appellant for trafficking inmarijuana in this case, although it is a non-vehicle-related
offense. And we also hold that the warrantless search of the
trailer was a valid probable cause search under the automobile
exception to the warrant requirement. Hence, we affirm.
Juan De Dios Mendoza appeals from a judgment
of the Fayette Circuit Court sentencing him to five years in
prison. The issue in this case involves whether the circuit
court erred in denying his motion to force the Commonwealth to
reveal the identity of a confidential informant. We affirm.
Dana Mercer appeals from a judgment of the
Grayson Circuit Court, entered August 11, 2003, convicting her
pursuant to her guilty plea of manufacturing methamphetamine,2
possession of anhydrous ammonia in an unapproved container and for the purpose of manufacturing methamphetamine,3 wanton
endangerment in the first degree,4 possession of marijuana,5 and
possession of a controlled substance in the first degree
(methamphetamine).6 She was sentenced to concurrent terms of
imprisonment totaling ten years.
James Oscar Merriman appeals from a final
judgment of the Fayette Circuit Court wherein he was convicted
of first-degree assault and sentenced to twelve years in prison
following a jury trial. We affirm.
On August 23, 2002, Merriman, age sixteen at the time,
shot Chad Hager in the face with a .357 magnum handgun, with the
result that Hager lost his right eye.
This an appeal from an order entered by the
Franklin Circuit Court denying Claude T. Metts’ RCr 11.42 motion
to vacate his conviction for first degree manslaughter. Metts
claims that he was denied the right to effective assistance of
counsel because his trial counsel neither preserved evidence for
appellate review by taking avowal testimony, nor investigated
and called potential defense witnesses.
Appellant, Billy Miles, appeals from two
orders of the Montgomery Circuit Court, denying his motions made
pursuant to RCr 11.42 and CR 60.02. The two appeals have been
consolidated because the issues and arguments presented in the
motions are similar. Appellant argues that one of the jurors at
his trial was biased, which constituted grounds for an
evidentiary hearing, and that his trial counsel was ineffective for failing to interview and subpoena potential defense
witnesses. For the reasons stated hereafter, we affirm.
Appellant, Renee Miller (Miller), appeals her
convictions for third degree assault, first degree wanton
endangerment, and various misdemeanors stemming from an
altercation with the sheriff. We affirm Miller’s conviction.
Jonathan Miller appeals from an order of the
Boone Circuit Court denying his request for an additional 173
days custody credit for time spent on home incarceration prior
to his conviction. Miller argues that he is entitled to the
credit because Kentucky Revised Statute (KRS) 532.120(3)
requires the sentencing court to credit pretrial time spent in
custody toward a defendant's final sentence.
Dewayne Andy Miller has appealed from an order
of the Jefferson Circuit Court entered on April 7, 2003, which
denied his motion to expunge the record of his conviction for
assault in the fourth degree1 that had been entered on August 3,
1995.
Terry Mills appeals pro se from an order of the
McCracken Circuit Court, entered April 24, 2003, denying his
motion for relief from two criminal convictions. Mills contends
that a biased grand juror tainted the indictments in the two
cases. We agree with the circuit court that Mills has failed to
allege facts that would entitle him to relief.
This is a direct appeal brought by
Charles Mitchell after a judgment was entered convicting him of
first-degree trafficking in a controlled substance and
sentencing him to the maximum term of ten years’ imprisonment.
He raises six issues on appeal: (1) that the conviction was not
supported by sufficient evidence; (2) that the trial court erred
when it did not consider probation; (3) his rights to due
Appellant Brian Moffitt was convicted in
Livingston Circuit Court of kidnapping an eleven-year-old girl,
B.C., and sentenced to fifteen years’ imprisonment.
Fadi Mohammad was charged with carrying a
concealed deadly weapon1 for carrying a firearm in the console of
his car. The district court ruled that the glove compartment
exception of KRS 527.020(5) (now subsection 8) included consoles and the circuit court affirmed. On discretionary review, we
reverse2 because we opine the statute is clear and unambiguous,
and refers to “glove compartments” only.
Appellant, Richard Morgan, brings this appeal
from the trial court’s denial of his motion for free videotapes
or transcripts of his November, 1992 trial. We have considered
the record and conclude that Appellant is not entitled to
prevail. Therefore, we affirm the trial court’s order of March
21, 2003.
In February 2000, a Leslie County grand jury
returned an indictment charging Charles Morgan with one count of
rape in the first degree,1 two counts of sodomy in the first
degree,2 and one count of unlawful transaction with a minor in
the first degree.3 The indictment charged that, in April of
1995, Morgan had raped his six-year old daughter, J.M.,4 that
Morgan had sexual contact with J.M. and with C.M., his nine-year
Mark Morris (Morris) appeals from a conviction
in the Boyle Circuit Court of one count of indecent exposure, a
misdemeanor, for which he received a sentence of 90 days in jail
and a $250 fine. Morris claims numerous errors at trial
resulting in a deprivation of his right to a fair trial. Among
his claims, Morris did not raise the issue of the circuit court’s power to hear this misdemeanor case.
This is an appeal from a judgment convicting
appellant of trafficking in marijuana within 1,000 yards of a
school and being a persistent felony offender in the second
degree (“PFO II”). Appellant argues that evidence that he had
sold marijuana to the informant in the past was improperly
admitted in violation of KRE 404(b) and that there was insufficient credible evidence to support the conviction.
Jesse Morrison (hereinafter “Morrison”) has
appealed from the Boyd Circuit Court’s May 13, 2003, Order
denying his motion to withdraw his guilty plea and from the May
23, 2003, Final Judgment and Sentence of Imprisonment,
sentencing him to eight ten-year concurrent sentences for First-Degree
Rape.1 Having considered the parties’ brief, the record
and the applicable case law, we must vacate the trial court’s order and judgment and remand the matter for further
proceedings.
Roy Scott Morrow appeals from a Fulton Circuit
Court judgment convicting him of the crimes of escape in the
second degree and of being a persistent felony offender in the
second degree (PFO). He argues that the trial court erred
during the guilt phase of his trial in allowing the Commonwealth
to introduce evidence of other bad acts.
James L. Morrow appeals from orders of the
Jefferson Circuit Court denying his motions made pursuant to
RCr 1 11.42 and CR 2 59.05. The sole claim raised by Morrow that
is not barred from our consideration on procedural grounds is
whether his plea of guilty was involuntary as a result of ineffective assistance of counsel. As we have determined that
it was not, we affirm.
Alphonzo Morton (hereinafter “Morton”),
proceeding pro se,1 has appealed from the Fayette Circuit Court’s
April 14, 2003, order denying his Motion to Vacate and Set Aside
Sentence of Conviction pursuant to RCr 11.42 without an
evidentiary hearing. Following a jury trial, Morton was
convicted of four counts of second-degree sexual abuse, two
counts of second-degree sodomy, and twenty counts of use of a
Forrest Alan Moseley appeals from an order of the
Daviess Circuit Court denying his petition for post-conviction
relief pursuant to RCr 1 11.42. We affirm.
On January 31, 1995, Moseley shot and killed Mary
Yvett Fuqua Norris, with whom he was cohabitating. Immediately
following the shooting, Moseley admitted that he had shot Norris
but told responding emergency personnel and police that the
shooting was accidental.
In February 1994 Shawn Mosley entered pleas of
guilty to five counts of wanton endangerment in the first
degree. His sentences of two years on each count were ordered
to run concurrently with each other for a total of two years’
imprisonment. However, that sentence was run consecutively with
another six year sentence received in another division of
Jefferson Circuit Court.
Appellant, Stephen R. Murphy, appeals the
judgment of the Boyd County Circuit Court sentencing him to ten
(10) years in prison. On September 25, 2002, the jury returned
a verdict finding appellant guilty of second degree manslaughter
for the death of Michael Shawn Johnson (“Johnson”). For the
reasons stated hereafter, we affirm.
Glen Franklin Murphey had appealed from an
order of the Hopkins Circuit Court entered on October 29, 2002,
that denied his petition for post-conviction relief pursuant to
RCr 2 11.42, challenging his guilty plea to murder,3 robbery in the first degree,4 and burglary in the first degree.5 Having
concluded that the trial court properly determined that Murphey
received effective assistance of trial counsel during the
proceedings which resulted in his guilty plea, we affirm.
Shamil Muquit, pro se, appeals from two
orders of the Kenton Circuit Court, entered on December 11,
2002, and March 10, 2003. Muquit challenged his conviction for
first-degree rape, claiming that the victim had committed
perjury. The first order denied Muquit’s motions and
The appellants, Marvin Murrell and Gambo Oba,
appeal the separate judgments entered upon their conditional
guilty pleas to trafficking in a controlled substance pursuant to RCr 1 8.09. Both were sentenced to serve five years in prison.
As part of their plea agreements, the appellants preserved their
right to appeal the order of the trial court which denied their
motion to suppress evidence of drugs seized from them at the
time of their arrest.
Matthew Musard has appealed from the final
judgment and sentence of imprisonment entered by the Kenton
Circuit Court on April 17, 2002, which convicted him of assault
in the second degree 1 and wanton endangerment in the first
degree.2 Having concluded that the sole claim of error raised by
Musard on appeal was not properly preserved for appellate
review, we affirm.
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