Godsey v. Commonwealth

DUNN, Judge.

This is an appeal from the final judgment and sentence of the Perry Circuit Court pursuant to a jury verdict finding appellant, Elmer Godsey, guilty of burglary in the second degree and fixing his punishment at 5 years. Pursuant to the provisions of KRS 532.070 as to the punishment fixed as being unduly harsh, the trial court reduced the punishment to a sentence of 6 months in the county jail and an additional sentence of 5 years probation upon his release from county jail. This method of punishment is not an issue on appeal. We reverse and remand.

On April 30, 1982, the Grand Jury…