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COM. v. STAMBAUGH

Nos. 2008-SC-000600-MR, 2008-SC-000622-MR.

327 S.W.3d 435 (2010)

COMMONWEALTH of Kentucky, Appellant, v. Larry Joe STAMBAUGH, Appellee. Larry Stambaugh, Appellant, v. Commonwealth of Kentucky, Appellee.

Supreme Court of Kentucky.

Rehearing Denied January 20, 2011.

Attorney(s) appearing for the Case

Jack Conway , Attorney General of Kentucky, Perry Thomas Ryan , Assistant Attorney General, Office of Attorney General, Criminal Appellate Division, Frankfort, KY, for appellant/appellee, Commonwealth of Kentucky.

Joseph Brandon Pigg , Assistant Public Advocate, Department of Public Advocacy, Frankfort, KY, for appellee/appellant, Larry Joe Stambaugh.

Opinion of the Court by Justice NOBLE.

I. INTRODUCTION

One issue in these combined appeals requires us to determine whether a defendant convicted of committing two or more felony sex crimes against two or more victims is subject to the statutory cap on sentences found in Kentucky Revised Statutes (KRS) 532.110(1)(c). After closely examining the relevant law and arguments of the parties, we conclude that the cap does apply to such...

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