Hernandez v. Commonwealth
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The Supreme Court affirmed Defendant's convictions for one count of first-degree rape and four counts of first-degree sexual abuse but vacated the trial court's judgment sentencing Defendant to an aggregate sentence of life plus twenty years, holding that Defendant's sentence was unlawful.
During sentencing, the jury recommended a sentence of life on the rape conviction and five years on each of the sexual abuse charge running consecutively. The trial court sentenced Defendant in accordance with the jury's recommendation. The Supreme Court affirmed in part and vacated in part, holding (1) there was no error in the trial court's denial of Defendant's motion to suppress; (2) the trial court did not err in admitting other bad acts evidence pursuant to Ky. R. Evid. 404(b); and (3) the sentence of life plus twenty years was unlawful under this Court's holding in Bedell v. Commonwealth, 870 S.W.2d 779 (Ky. 1993).
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