ARTHUR LEROY SMITH v. COMMONWEALTH OF KENTUCKY
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RENDERED: November 25, 1998; 2:00 p.m.
NOT TO BE PUBLISHED
C ommonwealth O f K entucky
C ourt O f A ppeals
No.
1996-CA-003496-MR
ARTHUR LEROY SMITH
v.
APPELLANT
APPEAL FROM FAYETTE CIRCUIT COURT
HONORABLE GARY D. PAYNE, JUDGE
ACTION NO. 95-CR-0648
COMMONWEALTH OF KENTUCKY
APPELLEE
OPINION
AFFIRMING
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BEFORE: HUDDLESTON, JOHNSON, and MILLER, Judges.
MILLER, JUDGE.
Arthur Leroy Smith brings this appeal from a
December 23, 1996 judgment of the Fayette Circuit Court.
We
affirm.
On December 23, 1996, appellant, pursuant to a jury
verdict, was adjudged guilty of third-degree sodomy (Ky. Rev. Stat.
(KRS)
510.090)
and
third-degree
sexual
abuse
(KRS
510.130).
Appellant was sentenced to two years' imprisonment with ninety
days' to serve and the balance probated, and was fined $250.00.
This appeal follows.
Appellant maintains that the circuit court committed
reversible error by failing to grant a mistrial based upon improper
prosecutorial remarks.
Appellant contends that the prosecutor
commented that "she wished she had this much proof in all her
cases."
The
circuit
court
thereupon
admonished
the
jury
to
consider only the evidence submitted. Appellant, however, believes
the admonition was insufficient and a mistrial should have been
ordered.
We disagree.
We are of the opinion that any prejudice
that may have resulted from the prosecutorial remarks was cured by
the court's timely admonition of the jury.
Commonwealth, Ky., 280 S.W.2d 189 (1955).
See Mitchell v.
As such, we are of the
opinion that the prosecutor's comments were not so prejudicial as
to require reversal.
Id.
For the foregoing reasons, the judgment of the circuit
court is affirmed.
ALL CONCUR.
BRIEF FOR APPELLANT:
BRIEF FOR APPELLEE:
Sally Wasielewski
Lexington, KY
A. B. Chandler III
Attorney General
and
Gregory C. Fuchs
Frankfort, KY
-2-
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