392 S.W.3d 917
Ky.2013Background
- Appellant Harlie Lewis entered a Walgreens Pharmacy in Jefferson County, Kentucky, January 3, 2006.
- Employees became suspicious; the manager called the police.
- Appellant requested narcotics including Oxycontin and another drug the pharmacist did not recognize.
- Appellant allegedly stated, “No, I have a gun,” and the pharmacist began locating the requested medications.
- Police arrived, Appellant was arrested; a knife was found, but no gun; he was highly impaired and believed he was at another pharmacy.
- At trial, the jury acquitted Lewis of robbery but convicted him of first‑degree burglary; the Court of Appeals affirmed; the Kentucky Supreme Court granted discretionary review and remanded.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Lewis was entitled to a directed verdict of acquittal on first‑degree burglary | Commonwealth argued he remained unlawfully in the Walgreens | Lewis contends license to remain was not revoked | Directed verdict for acquittal warranted; license not revoked |
| Whether the Commonwealth proved the burglary elements under KRS 511.020 | Commonwealth needed unlawful entry/remained with revocation | Lewis maintained license remained open to the public | Commonwealth failed to prove elements; verdict reversed and not guilty entered |
Key Cases Cited
- Wilburn v. Commonwealth, 312 S.W.3d 321 (Ky.2010) (revocation can be explicit, nonverbal, or implied like the store owner firing a gun)
- Tribbet t v. Commonwealth, 561 S.W.2d 662 (Ky.1978) (implicit revocation when licensor is murdered; license ends with licensor's death)
- Bowling v. Commonwealth, 942 S.W.2d 293 (Ky.1997) (license may be implicitly revoked; later narrowed by this decision as obiter dictum)
- Fugate v. Commonwealth, 993 S.W.2d 931 (Ky.1999) (cited for license/enterprise context; non-binding on point here)