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SMITH v. COM.

No. 89-SC-431-MR.

806 S.W.2d 647 (1991)

William Glenn SMITH, Appellant, v. COMMONWEALTH of Kentucky, Appellee.

Supreme Court of Kentucky.

April 11, 1991.

Attorney(s) appearing for the Case

Kathy L. Hornaday, Owensboro, for appellant.

Frederic J. Cowan, Atty. Gen., Ian G. Sonego, Asst. Atty. Gen., Frankfort, for appellee.

COMBS, Justice.

William Glenn Smith was convicted of rape in the first degree (Class A felony) and sodomy in the first degree (Class A felony). The jury fixed the maximum sentence for each offense at imprisonment for life, and recommended that the sentences be served consecutively. The court sentenced Smith to two consecutive 25-year terms, for a total of 50 years.

Bringing appeal, Smith argues that the court's modification of the sentence was unauthorized...

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