Birdsong v. KentuckyAnnotate this Case
Appellant-Defendant Ronald Birdsong received a twelve-year sentence following a jury conviction for robbery, second-degree and first-degree persistent felony offender. At trial, Appellant did not assert an innocence defense; rather, he argued that he did not use force or threaten the use of force during the crime to any person as required by law. Appellant moved for a directed verdict; the trial court denied it. On appeal, Appellant argued that he injured no one, and his physical aggression toward inanimate objects were not a "threat to use physical force against another person." On review, the Supreme Court granted discretionary review to decide whether aggression against objects is sufficient force to constitute second degree robbery. Finding it was not clearly unreasonable for the jury to find Appellant threatened the use of force against others, the Court upheld Appellant's convictions.