SUMPTER (PAUL) VS. COMMONWEALTH OF KENTUCKY
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RENDERED: NOVEMBER 13, 2015; 10:00 A.M. NOT TO BE PUBLISHED Commonwealth of Kentucky Court of Appeals NO. 2013-CA-002064-MR PAUL SUMPTER v. APPELLANT APPEAL FROM CAMPBELL CIRCUIT COURT HONORABLE FRED A. STINE V, JUDGE ACTION NO. 12-CR-00363 COMMONWEALTH OF KENTUCKY APPELLEE OPINION REVERSING AND REMANDING ** ** ** ** ** BEFORE: DIXON, JONES AND NICKELL, JUDGES. JONES, JUDGE: This matter is on direct appeal to this Court from a judgment and sentence entered by the Campbell Circuit Court. It arose out of allegations that the Appellant, Paul Sumpter, sexually abused two individuals, P.S. and C.R., during the 1970s and 1980s. During Sumpter's trial, P.S. and C.R. testified about various sex acts Sumpter performed on them over the course of several years. Ultimately, the jury convicted Sumpter of: 1) second-degree sodomy of C.R.; 2) third-degree sodomy of C.R.; 3) third-degree rape of C.R.; 4) first-degree sexual abuse of P.S.; 5) third-degree sodomy of P.S.; and 6) third-degree rape of P.S. Sumpter was sentenced to a total of 18 years. On appeal Sumpter argues that the instructions given to his jury violated his right to a unanimous verdict because they failed to differentiate factually between the alleged instances of sexual abuse. In light of Kingrey v. Commonwealth, 396 S.W.3d 824, 830 (Ky. 2013), rendered during the pendency of this appeal, the Commonwealth concedes that the instructions in this case were deficient and deprived Sumpter of a right to a unanimous verdict, a fundamental error giving rise to manifest injustice. Rightly, the Commonwealth agrees with Sumpter that the erroneous instructions require us to reverse Sumpter's convictions and remand for further proceedings. This renders the remainder of Sumpter's arguments moot. Accordingly, for the reasons set forth above, we reverse and remand. ALL CONCUR. BRIEF FOR APPELLANT: BRIEF FOR APPELLEE: Kathleen K. Schmidt Robert C. Yang Frankfort, Kentucky Jack Conway Attorney General of Kentucky James C. Shackelford Assistant Attorney General Frankfort, Kentucky -2-
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