Commonwealth v. Jeffries

I respectfully dissent. Apparently dissatisfied with the result, the majority has remanded this case to the trial court for a new sentencing hearing. But the majority opinion simply invites the trial court to reach the same conclusion it reached the first time:

We do not reach the issue of whether the sentencing court committed error in its refusal to permit the testimony of specific witnesses.... Instead, the trial court .should use its learned discretion when it must determine what process is due a youthful offender at a sentencing hearing held pursuant to KRS 640.030(2). Allowing Jeffries…