Smith v. Commonwealth
Annotate this CaseAppellant Travis Smith was convicted of first-degree burglary by complicity, first-degree robbery by complicity, and second-degree assault by complicity and was sentenced to a total of twenty-two years' imprisonment. The Supreme Court affirmed the judgment of conviction but remanded for further proceedings on the question of the imposition of court costs, holding (1) Appellant's claims of instructional error were not properly preserved, but upon palpable error review the jury was adequately instructed upon the necessary elements of accomplice culpability, and therefore the jury instructions did not amount to palpable error; and (2) the trial court erred by imposing court costs against Appellant without determining if he was a "poor person."
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