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ALEXANDER v. COM.

No. 92-SC-308-MR.

862 S.W.2d 856 (1993)

Earl Flint ALEXANDER, Appellant, v. COMMONWEALTH of Kentucky, Appellee.

Supreme Court of Kentucky.

Rehearing Denied September 2, 1992.

Attorney(s) appearing for the Case

Frank W. Heft, Jr., Public Defender, and Bruce P. Hackett, Asst. Public Defender, Louisville, for appellant.

Chris Gorman, Atty. Gen. and Lana Grandon, Asst. Atty. Gen., Frankfort, for appellee.

STEPHENS, Chief Justice.

Appellant was indicted by a Jefferson County Grand Jury for the rape and sodomy of his seven year old stepdaughter, A.C. The first trial of appellant ended in mistrial. At the second trial the jury was instructed on rape in the first degree, with sexual abuse as a lesser included offense, and two counts of sodomy in the first degree. The jury found appellant guilty of rape in the first degree and guilty of one count of sodomy in the first...

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