Buckler v. Commonwealth

OPINION

VANMETER, JUDGE:

Sodomy in the third degree prohibits, among other things, subjecting incarcerated individuals to deviate sexual intercourse. KRS1 510.090(l)(e). The issue we must decide in this case is whether the Carter Circuit Court erred in overruling Earl Buckler’s pretrial motion to dismiss indictment on the grounds that as a deputy sheriff with the Carter County Sheriffs Department transporting prisoners to and from a detention facility to the justice center, the terms of the statute did not apply to him. We hold that the trial court did not err, and therefore affirm the trial…