Zachery v. Commonwealth

REED, Justice.

Zachery was indicted for (a) first-degree rape of Barbara Faye Simon (KRS 510.040), (b) kidnapping her (KRS 509.040), (c) first-degree wanton endangerment of her (KRS 508.060), and (d) as a first-degree persistent felony offender (KRS 532.080). According to the parties, the trial judge “severed the wanton endangerment count from the indictment.” The jury acquitted Zachery of rape; they also acquitted him of kidnapping but found him guilty of the lesser offense of first-degree unlawful imprisonment for which they assessed a punishment of five years’ imprisonment. In a separate,…