Hutson v. Commonwealth

OPINION

TAYLOR, Judge.

This matter is before the Court on remand by the Kentucky Supreme Court per order dated September 16, 2004. The Supreme Court vacated our opinion entered October 31, 2003, and ordered us to reach the merits of the above-styled appeal. After having considered the merits, we reverse and remand.

On July 23, 1998, appellant was indicted upon the charge of first-degree sodomy. He was arraigned on August 18, 1998, and entered a plea of not guilty. Appellant was then indicted on November 12, 1998, for being a persistent felony offender in the second degree. Appellant was never…