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NOT TO BE PUBLISHED OPINION

IMPORTANT NOTICE

THIS OPINION IS DESIGNA TED "NOT TO BE PUBLISHED." PURSUANT TO THE RULES OF CIVI_L PROCED URE PROMUL GA TED B Y THE SUPREME COURT, CR 76.28 (4) (c), THIS OPINION IS NOT TO BE PUBLISHED AND SHALL NOT BE CITED OR USED AS A UTHORITYIN ANY OTHER CASE IN ANY COURT OF THIS STA TE.

RENDERED : FEBRUARY 17, 2005 NOT TO BE PUBLISHED

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DAVID BLAIR

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APPELLANT

2002-SC-0834-MR

V

APPEAL FROM BOYD CIRCUIT COURT HONORABLE C . DAVID HAGERMAN, JUDGE 01-C R-194

COMMONWEALTH OF KENTUCKY

APPELLEE

MEMORANDUM OPINION OF THE COURT AFFIRMING Appellant, David Blair, was convicted by a Boyd Circuit Court jury of eleven counts of rape in the first degree, Class A felony, KRS 510 .040(2) (victim under twelve years of age), and one count of sexual abuse in the first degree, KRS 510 .110 ; and was found to be a persistent felony offender (PFO) in the second degree, KRS 532.080(2) . The jury fixed his sentence at imprisonment for 560 years (fifty years for each conviction of rape in the first degree and a PFO-enhanced penalty of ten years for the conviction of sexual abuse in the first degree, to run consecutively) . The trial judge reduced the penalty to the maximum aggregate sentence of seventy years . KRS 532.110(1)(c). Appellant appeals to this Court as a matter of right, Ky. Const.

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Kentucky Law