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TURNEY v. COM.

No. 2002-CA-002510-DG.

159 S.W.3d 818 (2004)

Martel L. TURNEY, Appellant, v. COMMONWEALTH of Kentucky, Appellee.

Court of Appeals of Kentucky.

Discretionary Review Denied by Supreme Court April 13, 2005.

Case Ordered Published by Supreme Court April 13, 2005.

Attorney(s) appearing for the Case

Dennis Stutsman, Assistant Public Advocate, Frankfort, KY, for appellant.

Albert B. Chandler III, Attorney General of Kentucky, Christopher S. Nordloh, Special Assistant Attorney General, Frankfort, KY, for appellee.

Before BUCKINGHAM, DYCHE, and TAYLOR, Judges.

OPINION

DYCHE, Judge.

This Court granted Martel L. Turney discretionary review to ascertain whether there was sufficient evidence to support his conviction of sexual abuse in the third degree. KRS 510.130. Our determination is focused on whether there was sufficient proof of sexual contact (as defined in KRS 510.010(7)) with the victim.

"A person is guilty of sexual abuse in the third degree when he subjects another person to sexual contact...

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