Bixler v. Commonwealth

COOPER, Judge.

This is a consolidated appeal from judgments convicting the appellant of first-degree rape and sentencing them to ten years’ imprisonment. On appeal, the single issue is whether the trial court erred, as a matter of law, in excluding evidence of prior sexual conduct between the appellant, Jeff Bixler, and the prosecuting witness. KRS 510.145(3). Reviewing the record below, we reverse and remand.

The relevant facts herein are as follows: In March of 1984, the appellants, Jeff Bix-ler and Floyd Bean, (hereinafter Bixler and Bean) were indicted on charges of first-degree rape.…