Alcorn v. Commonwealth

LESTER, Chief Judge.

This is an appeal from a judgment entered upon a guilty plea pursuant to RCr 8.09 to the offense of using a minor in a sexual performance and imposing a probated sentence of five years imprisonment.

According to a thirteen-year-old boy, D.T., Edward Alcorn had approached the youngster several times at Holy Name ball field with an offer of money to accompany him to the men’s room where D.T. would expose his genitals while he, Alcorn, masturbated himself. D.T. did this several times with appellant.

Alcorn was indicted under KRS 531.310(1) which provides in subsection (1):

A…