Spicer v. Commonwealth
2014 Ky. LEXIS 435
| Ky. | 2014Background
- Anthony Spicer attacked his ex-girlfriend Ashley Warren after she ended their relationship; she sustained 16 stab wounds and serious internal injuries but survived.
- Witnesses observed the attack; a neighbor intervened and called 911; police later found Spicer hiding and arrested him.
- Spicer was tried in Whitley Circuit Court, convicted of attempted murder and first-degree criminal assault, and sentenced consecutively (20 and 12 years).
- At trial the jury saw a post-arrest news‑reporter video of Spicer apologizing and describing the incident.
- At sentencing the court ordered $188,000 restitution, $130 court costs, a $20 arrest fee, and a $450 public‑defender fee; Spicer had been represented by a public defender and proceeded in forma pauperis on appeal.
- Spicer appealed, arguing double jeopardy (convictions for both attempted murder and assault), improper admission of the reporter video without an evidentiary hearing, and improper assessment of attorney fees and costs.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Double jeopardy: convictions for both attempted murder and first‑degree assault | Spicer: convictions inconsistent because both arise from a single course of conduct and require mutually exclusive mens rea; therefore barred by KRS 505.020 | Commonwealth: conduct can be parsed (first 15 stabs = assault; final stab + statement = attempt to murder) so separate offenses may be permitted | Court reversed and vacated the assault conviction; upheld attempted murder (inconsistent findings prohibited under KRS 505.020(1)(b); lesser offense vacated) |
| Admission of reporter video without evidentiary hearing | Spicer: RCr 9.78 required an evidentiary hearing before playing the confession‑type video to jury | Commonwealth: RCr 9.78 applies to statements to police authorities, not to statements to a reporter | Held for Commonwealth — no RCr 9.78 hearing required because the statements were to a reporter, not police; no error in admission on that ground |
| Assessment of public‑defender fee | Spicer: fee improper because he was indigent, represented by public defender, and proceeded in forma pauperis; no hearing on ability to pay | Commonwealth: statute allows assessment if court determines defendant able to pay, and future prison earnings could cover fee | Court vacated the $450 attorney fee because record lacked required findings or a hearing showing the defendant was not needy at sentencing |
| Imposition of court costs and arrest fee | Spicer: contended fees/costs improper given indigency | Commonwealth: appointing public defender does not automatically exempt from costs; no record showing poverty status was established at sentencing | Court affirmed court costs and $20 arrest fee — assessment not facially inconsistent with record and thus not an appealable sentencing error |
Key Cases Cited
- Kiper v. Commonwealth, 399 S.W.3d 736 (Ky. 2012) (explains KRS 505.020 analysis and holds inconsistent mens rea findings bar dual convictions)
- Welborn v. Commonwealth, 157 S.W.3d 608 (Ky. 2005) (separate assaults when temporal/geographic breaks allow reflection between acts)
- Quisenberry v. Commonwealth, 336 S.W.3d 19 (Ky. 2011) (distinct injuries can show separate offenses even without clear temporal gaps)
- Lloyd v. Commonwealth, 324 S.W.3d 384 (Ky. 2010) (remedy for double jeopardy: vacate lesser conviction)
- Brown v. Commonwealth, 297 S.W.3d 557 (Ky. 2009) (same)
- Clark v. Commonwealth, 267 S.W.3d 668 (Ky. 2008) (same)
- Terry v. Commonwealth, 253 S.W.3d 466 (Ky. 2008) (discusses when separate acts permit multiple convictions)
- Maynes v. Commonwealth, 361 S.W.3d 922 (Ky. 2012) (distinguishes indigency for appointment of counsel from exemption from court costs)
- Jones v. Commonwealth, 382 S.W.3d 22 (Ky. 2012) (appellate court authority to correct illegal sentencing and explain scope of sentencing challenges)