Gaines v. Commonwealth
Annotate this CaseAppellant pled guilty to charges of murder, abuse of a corpse, and tampering with physical evidence in connection with the shooting death of her husband, as well as several counts of forgery. Appellant was sentenced to thirty years’ imprisonment. On appeal, Appellant argued that the trial court committed two errors in its decisions regarding her sentencing. The Supreme Court affirmed, holding (1) the trial court did not err in concluding that Appellant was not entitled to the victim-of-domestic-violence exception to the parole eligibility requirement for violent offenders established by Ky. Rev. Stat. 439.3401; and (2) if the trial court erred in failing to consider probation as a sentencing alternative, the error was harmless.
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