No. The Supreme Court of Kentucky in Jackson v. Commonwealth, Ky., 670 S.W.2d 828 (1984) (overruled on other grounds, Relied on the Blockburger test and decisions which predated the penal code, to hold that one who was convicted of theft by unlawful (KRS 514.030(1)(a)) taking could not also be convicted of Receiving Stolen Property (KRS 514.110). The Court reasoned that one who steals property must of necessity have knowledge that the property was stolen and that the offenses merged.
The Court later held in Cooley v. Com. 821 S.W.2d 90 Ky.,1991 that if items are stolen in one county but are retained or disposed of in a different county double jeopardy blocks the later prosecution. This case also does a great explanation of how a Double Jeopardy issue is to be analyzed (dealing with subsequent receiving convictions in multiple counties).
Contributed by La Mer Kyle-Griffiths, Juvenile Post Disposition Branch Manager
