Boone v. Commonwealth

SPAIN, Justice.

By an Opinion entered on November 30, 1989, this Court affirmed the appellant’s conviction by a McCracken Circuit Court jury of two counts of first-degree sodomy and one count of first-degree sexual abuse upon an eight-year-old girl. Boone v. Commonwealth, Ky., 780 S.W.2d 615 (1989). The sentence of forty years’ imprisonment, however, was set aside, and a *814portion of KRS 532.055(2)(a)l. was held unconstitutional for permitting only the Commonwealth to introduce evidence before the jury of minimum parole eligibility during the punishment phase of a bifurcated trial.

Upon remand, a…