Holbrooks v. Commonwealth

KELLER, Justice.

I. INTRODUCTION

This Court accepted discretionary review of a Court of Appeals opinion affirming a Letcher Circuit Court judgment that sentenced Appellant to a five (5) year term of imprisonment following his conviction for FirsU-Degree Perjury (KRS 523.020). At a previous trial under the same, single-count indictment, a jury had advised the trial court in writing that it agreed unanimously that Appellant was guilty not of the indicted felony offense, but of a misdemeanor offense, Second-Degree Perjury (KRS 523.030). The first jury was unable to agree, however, as to an…