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LOZIER v. COM.

No. 1999-CA-001117-MR.

32 S.W.3d 511 (2000)

Tori LOZIER, Appellant, v. COMMONWEALTH of Kentucky, Appellee.

Court of Appeals of Kentucky.

Discretionary Review Denied by Supreme Court December 13, 2000.

Attorney(s) appearing for the Case

Irvin J. Halbleib, Louisville, for Appellant.

Albert B. Chandler, III, Attorney General of Kentucky, Anitria M. Franklin, Assistant Attorney General, Frankfort, for Appellee.

Before: Chief Judge, GUDGEL; KNOPF and McANULTY, Judges.

OPINION

KNOPF, Judge:

This is an appeal from a judgment of conviction by the Wolfe Circuit Court on the charge of third-degree sodomy. The trial court sentenced the appellant to a five-year term of imprisonment and a three-year term of conditional discharge. We find that the application of KRS 532.043 to the appellant's sentence is unconstitutional as an ex post facto law. However, we also find that the application of KRS 197.045(4) does not operate...

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