Vaughn v. Commonwealth

Opinion of the Court by

Justice SCOTT.

Appellant, David Vaughn, appeals from a Court of Appeals decision upholding his conviction for attempted sodomy in the first degree and ten years imprisonment. Appellant’s only issue on appeal is whether a grade school setting can satisfy the community requirement in the version of KRE 6081 in effect prior to July 1, 2003. We find that it can and thus reverse for a new trial.

The incriminating evidence at trial was introduced primarily through B.D., the alleged victim and Appellant’s eight-year-old step-daughter, as well as L.D., his ten-year-old step-son.…