2007 Unpublished Court of Appeals Opinions Index |
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Latendresse v Com, 2005-ca-002431
-- Not To Be Published;
Affirming --
PDF Lawrence v Com, 2005-ca-002624
-- Not To Be Published;
Affirming --
PDF Linde v Com, 2005-CA-001869
--Not To Be Published;
Affirming --
PDF Long v Com, 2005-CA-000861
--Not To Be Published;
Affirming --
PDF Luttrell v Com, 2006-CA-000566
-- Not To Be Published;
Affirming --
PDF
Francis E. Latendresse appeals from a final
judgment entered upon a jury verdict by the Hardin Circuit Court convicting him of nine
counts of complicity to commit diverting charitable gaming funds, $300 or more, and
nine counts of complicity to commit theft by failure to make required disposition of
property over $300, and sentencing him to 13 months on each count, to be served
concurrently. For the reasons stated below, we affirm.
Henry Lawrence appeals from a judgment of the Warren Circuit Court
finding him guilty of first-degree trafficking. He argues the trial court erred in denying
his motions for a directed verdict due to the lack of credibility of the Commonwealth's
eyewitnesses. However, the Kentucky Supreme Court has previously determined that “judgment as to the credibility of witnesses and the weight of the evidence are left
exclusively to the jury.” Fairrow v. Commonwealth, 175 S.W.3d 601, 609 (Ky. 2005).
Consequently, the trial court's judgment is affirmed.
Michael Linde appeals from a Boone
Circuit Court order that denied his Kentucky Rule of Civil
Procedure (CR) 60.03 motion seeking to set aside payment of the
restitution ordered on his conviction for evading police,
criminal mischief, wanton endangerment, and assault associated with an automobile chase. Linde contends that he should not be
required to pay restitution for damage to some police vehicles
compensated for by private insurance coverage.
Walter Long brings this appeal after
having entered a conditional guilty plea3 in Boone Circuit Court
on March 23, 2005. The issues on appeal concern whether Long
was afforded sufficient opportunity to controvert the information contained in his Pre-Sentence Investigation Report4
(PSI), and whether trial courts are obligated to make factual
findings with respect to disputed portions. For the following
reasons, we affirm.
John David Luttrell was convicted of theft by unlawful
taking under $300.00 and third-degree burglary following a jury trial in Casey Circuit
Court. He was sentenced to a total of five years’ imprisonment. On appeal, Luttrell
argues that he was entitled to a directed verdict of acquittal. We affirm.
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