COM. v. LOPEZ

No. 2008-SC-000308-DG.

292 S.W.3d 878 (2009)

COMMONWEALTH of Kentucky, Appellant v. Tommy LOPEZ, Appellee.

Supreme Court of Kentucky.

August 27, 2009.


Attorney(s) appearing for the Case

Jack Conway, Attorney General of Kentucky, Heather Michelle Fryman, James Chesnut Maxson, Assistant Attorneys General, Office of Criminal Appeals, Office of the Attorney General, Frankfort, KY, Counsel for Appellant.

Sheldon S. Mirkin, Elizabethtown, KY, Counsel for Appellee.


Opinion of the Court by Chief Justice MINTON.

I. INTRODUCTION.

While serving in the United States Army in Iraq, the Army charged Tommy Lopez with violating the Uniform Code of Military Justice (UCMJ) by viewing child pornography on a computer. At that time, Lopez was also on probation imposed by a Kentucky circuit court for the offense of criminal attempt to commit first-degree sexual abuse. In lieu of...

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