DAY v. COM.

No. 2009-SC-000641-DG.

361 S.W.3d 299 (2012)

Bradley Allen DAY, Appellant, v. COMMONWEALTH of Kentucky, Appellee.

Supreme Court of Kentucky.

February 23, 2012.


Attorney(s) appearing for the Case

Roy Alyette Durham II , Assistant Public Advocate, Department of Public Advocacy, Frankfort, KY, Counsel for Appellant.

Jack Conway , Attorney General of Kentucky, Jeffrey Allan Cross , Criminal Appellate Division, Office of the Attorney General, Frankfort, KY, Counsel for Appellee.


OPINION OF THE COURT

Bradley Day received a three-year sentence following a jury conviction for sexual abuse, first-degree. Day raises four issues on appeal. Because we find the trial court erred by telling the jury the penalty range for the lesser included offense during the guilt phase of trial, we reverse Day's conviction and remand for further proceedings. As such, we will only address the remaining three issues to the extent they are likely to occur in the...

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