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RODGERS v. COM.

No. 2008-CA-002287-MR.

314 S.W.3d 745 (2010)

Paul RODGERS, Appellant, v. COMMONWEALTH of Kentucky, Appellee.

Court of Appeals of Kentucky.

Rehearing Denied June 21, 2010.

Attorney(s) appearing for the Case

Roy A. Durham, Assistant Public Advocate, Frankfort, KY, for appellant.

Jack Conway, Attorney General of Kentucky, W. Bryan Jones, Assistant Attorney General, Frankfort, KY, for appellee.

Before COMBS, Chief Judge; KELLER and VANMETER, Judges.

OPINION

COMBS, Chief Judge.

Paul Rodgers appeals from his conviction of first-degree sexual abuse in Graves Circuit Court. After careful review of the record and the law, we are compelled to vacate and remand for a new trial.

Rodgers and Tammy Sawisch conceived a child, M.D., in 1996. Although she was born in 1997, Rodgers did not meet M.D. until the summer of 2005 when she was seven and one-half years of age. At that time, Rodgers and Sawisch...

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