NEWMAN v. COM.

No. 2010-SC-000695-MR.

366 S.W.3d 435 (2012)

Daniel Keith NEWMAN, Appellant, v. COMMONWEALTH of Kentucky, Appellee.

Supreme Court of Kentucky.

May 24, 2012.


Attorney(s) appearing for the Case

Julia Karol Pearson , Department of Public Advocacy, Frankfort, KY, for Appellant.

Jack Conway , Attorney General, David Bryan Abner , Assistant Attorney General, Office of the Attorney General, Frankfort, KY, for Appellee.


OPINION OF THE COURT

Daniel Keith Newman appeals from his conviction of two counts of first-degree sodomy and one count of attempted first-degree sexual abuse. Concluding no reversible error occurred in the guilt phase of Appellant's trial, we affirm Appellant's convictions. However, because the jury was improperly instructed as to the sentencing range, we vacate Appellant's life sentence and remand for a new penalty phase.

On June 3, 2009, a Grant County...

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