Criminal trespass does not include throwing rocks at house from off property: D.E. v. Commonwealth of Kentucky (COA 11/21/2008)

D.E. v. Commonwealth of Kentucky
CRIMINAL:  Criminal trespass requires entry onto property; throwing rocks
from afar not sufficient
2007-CA-001882
PUBLISHED: REVERSING
PANEL:  STUMBO PRESIDING JUDGE;  COMBS, GUIDUGLI CONCUR
LINCOLN CIR. CT.
DATE RENDERED: 11/21/2008

On discretionary review, the Court of Appeals reversed appellant’s conviction for criminal
trespass holding the appellant could not be convicted for criminal trespass for throwing rocks at a house when there was no evidence that she entered onto the land. While there were other charges the Commonwealth could bring, such as criminal mischief for which appellant was found guilty, KRS 511.080(1) requires that a person must enter onto the property to be found guilty of criminal trespass.