Commonwealth v. Petrey

LAMBERT, Justice.

Upon a jury verdict, appellee was convicted in the Kenton County Circuit Court of rape in the first degree and sentenced to fourteen (14) years in prison. In the Court of Appeals, his conviction was reversed based solely upon his unpreserved argument that the introduction of DNA evidence resulted in manifest injustice. The Commonwealth sought discretionary review and its motion was granted.

Appellee was convicted of raping C.B., who was appellee’s son’s nineteen (19) year old, live-in girlfriend. The victim testified that on the evening of November 8,1992, appellee came to the…