COM. v. PETREY

Nos. 95-SC-946-DG, 96-SC-392-DG.

945 S.W.2d 417 (1997)

COMMONWEALTH of Kentucky, Appellant, v. David PETREY, Appellee.

Supreme Court of Kentucky.

As Modified April 24, 1997.

Rehearing Denied June 19, 1997.


Attorney(s) appearing for the Case

A.B. Chandler, III, Attorney General, Todd D. Ferguson, Assistant Attorney General, Criminal Appellate Division, Office of the Attorney General, Frankfort, for Appellant.

Gail Robinson, McNally & Robinson, Frankfort, for Appellee.


LAMBERT, Justice.

Upon a jury verdict, appellee was convicted in the Kenton County Circuit Court of rape in the first degree and sentenced to fourteen (14) years in prison. In the Court of Appeals, his conviction was reversed based solely upon his unpreserved argument that the introduction of DNA evidence resulted in manifest injustice. The Commonwealth sought discretionary review and its motion was granted.

Appellee was convicted of raping C.B., who was appellee...

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