Kendall Paul Scott v. Commonwealth of Kentucky

── Kendall Paul Scott v. Commonwealth of Kentucky ── Court: Court of Appeals of Kentucky Date: May 15, 2026 Author: Acree Category: General RENDERED: MAY 15, 2026; 10:00 A.M. NOT TO BE PUBLISHED Commonwealth of Kentucky Court of Appeals NO. 2024-CA-0696-MR KENDALL PAUL SCOTT APPELLANT APPEAL FROM WARREN CIRCUIT COURT v. HONORABLE JOHN GRISE, JUDGE ACTION NO. 22-CR-01041 COMMONWEALTH OF KENTUCKY APPELLEE OPINION AFFIRMING ** ** ** ** ** BEFORE: ACREE, EASTON, AND L. JONES, JUDGES. ACREE, JUDGE: Appellant Kendall Scott was convicted of first-degree promoting contraband and for being a persistent felony offender. On appeal, Scott argues the trial court erred by: (1) denying his motion for directed verdict; (2) sentencing him to consecutive sentences in violation of a statutory cap; and (3) failing to instruct on a lesser included offense. We affirm.  BACKGROUND On September 1, 2022, Kendall Scott appeared late to a hearing in Warren Circuit Court. When he arrived, Scott was taken into custody by courtroom bailiffs and escorted down a hallway which led directly to the jail. Once in the booking area, video footage shows Scott seated on a chair while various individuals, including officers and inmates, simultaneously occupy the space. While seated, he removes an item from his right pants pocket and places it into his right hand. Though the item is not entirely visible from any of the video camera angles, Scott testified this object was his block smartphone charger. He is then seen standing up, opening the door to the inmate dressing room, and taking a step inside. He believed he needed to go into the private room to undress for his strip search. He was mistaken and instructed to sit down. When Scott and the officers entered the private room to conduct his strip search and dress him in jail clothing, they noticed a gray baggie just inside the door to the room. The baggie contained 3.39 grams of fentanyl. Jailer Stephen Harmon was notified of the baggie and began investigating where it had come from. He reviewed security footage from the booking area and observed Scott taking something from his pocket and prematurely entering the private room. Because of this, it was believed Scott tossed the baggie into the room while being booked. -2-  Scott denied having any drugs. He contends this is bolstered by the fact he was taken through a metal detector and searched for dangerous items prior to entering the courtroom. Nevertheless, a Warren County grand jury indicted Scott on first- degree promoting contraband and being a first-degree persistent felony offender. A jury found him guilty on both counts and he was sentenced to 12 years’ imprisonment. His directed verdict and judgment notwithstanding the verdict motions were unsuccessful. The trial court ran the 12-year sentence consecutively with two prior sentences for which Scott was on probation for a total sentence of 22 years. Scott now appeals as a matter of right, presenting three separate arguments. ANALYSIS I. The trial court properly denied Scott’s motion for a directed verdict. We review a motion for directed verdict for a determination of whether “under the evidence as a whole, it would be clearly unreasonable for a jury to find guilt, only then the defendant is entitled to a directed verdict of acquittal.” Commonwealth v. Benham, 816 S.W.2d 186, 187 (Ky. 1991). Scott argues the trial court ought to have granted his directed verdict because the Commonwealth’s case was based en