Smith v. Commonwealth

COMBS, Justice.

William Glenn Smith was convicted of rape in the first degree (Class A felony) and sodomy in the first degree (Class A felony). The jury fixed the maximum sentence for each offense at imprisonment for life, and recommended that the sentences be served consecutively. The court sentenced Smith to two consecutive 25-year terms, for a total of 50 years.

Bringing appeal, Smith argues that the court’s modification of the sentence was unauthorized, in that it results in a sentence more severe than that fixed by the jury. Considering the anomalies of current parole disability…