Kiper v. Commonwealth
Annotate this CaseAfter a jury trial, Appellant was convicted of attempted murder, first-degree assault, first-degree wanton endangerment, and of being a first-degree persistent felony offender. Appellant appealed, arguing that his convictions for both attempted murder and first-degree assault for the same shooting constituted a double jeopardy violation. The Supreme Court reversed Appellant's conviction for first-degree assault and affirmed the remainder of his convictions, holding that, in light of the particular facts of this case, Appellant's convictions for attempted murder and first-degree assault, both offenses that arose out of a single course of conduct, resulted in a double jeopardy violation of Ky. Rev. Stat. 505.020. Remanded.
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