Commonwealth v. Johnson

Respectfully, I must dissent. The majority has recognized that the Commonwealth does not have a constitutional right to a jury trial since § 7 of the Kentucky Constitution relates only to the determination of guilt or innocence. Lee v. Buchanan, Ky., 264 S.W.2d 661 (1954); Ward v. Hurst, 300 Ky. 464, 189 S.W.2d 594 (1945); Wilson v. Commonwealth 141 Ky. 341, 132 S.W. 557 (1910). Thus, the Commonwealth and the majority both rely on RCr 9.26(1), which is limited in application to “[cjases required to be tried by jury....”

At this point in this case, a trial by jury is not required. Johnson has…