Holbrook v. Commonwealth

MCDONALD, Judge:

This is an appeal from a final judgment of the Fayette Circuit Court, wherein appellant was sentenced to a period of probation of five years after a jury returned a verdict that he was guilty of the crime of use of a minor in a sexual performance, as prohibited by K.R.S. 531.310, and fixed his sentence at one and one-half years in the penitentiary-

The facts of this case are as follows. Appellant met Carlos Diaz, a minor born May 13, 1964, during a trip to Puerto Rico. On March 28, 1981, Diaz returned with appellant to Lexington, Kentucky. In May of 1981, Diaz and appellant…