Day v. Commonwealth

OPINION OF THE COURT

Bradley Day received a three-year sentence following a jury conviction for sexual abuse, first-degree. Day raises four issues on appeal. Because we find the trial court erred by telling the jury the penalty range for the lesser included offense during the guilt phase of trial, we reverse Day’s conviction and remand for further proceedings. As such, we will only address the remaining three issues to the extent they are likely to occur in the event of a re-trial.

Facts

On February 7, 2003, Day took five-year-old R.F. to his home in Augusta, Kentucky. Day and R.F.’s parents…