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IMPORTANT NOTICE NOT TO BE PUBLISHED OPINION
THIS OPINION IS DESIGNATED "NOT TO BE PUBLISHED ." PURSUANT TO THE RULES OF CIVIL PROCEDURE PROMULGATED BY THE SUPREME COURT, CR 76.28(4)(C), THIS OPINION IS NOT TO BE PUBLISHED AND SHALL NOT BE CITED OR USED AS BINDING PRECEDENT IN ANY OTHER CASE IN ANY COURT OF THIS STATE; HOWEVER, UNPUBLISHED KENTUCKY APPELLATE DECISIONS, RENDERED AFTER JANUARY 1, 2003, MAY BE CITED FOR CONSIDERATION BY THE COURT IF THERE IS NO PUBLISHED OPINION THAT WOULD ADEQUATELY ADDRESS THE ISSUE BEFORE THE COURT. OPINIONS CITED FOR CONSIDERATION BY THE COURT SHALL BE SET OUT AS AN UNPUBLISHED DECISION IN THE FILED DOCUMENT AND A COPY OF THE ENTIRE DECISION SHALL BE TENDERED ALONG WITH THE DOCUMENT TO THE COURT AND ALL PARTIES TO THE ACTION.

RENDERED : SEPTEMBER 23, 2010 NOT TO BE PUBLISHED

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GARY LYNN KEIM

2009-SC-000445-MR

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V.

ON APPEAL FROM CHRISTIAN CIRCUIT COURT HONORABLE JOHN L. ATKINS, JUDGE NO. 08-CR-00568

COMMONWEALTH OF KENTUCKY

APPELLEE

MEMORANDUM OPINION OF THE COURT AFFIRMING IN PART AND REVERSING IN PART In March 2009, Appellant, Gary Lynn Keim, was convicted by a Christian Circuit Court jury of two counts of Use of

a Minor in a Sexual Performance,

victim under the age of sixteen ; three counts of third-degree Unlawful Transaction with a Minor; and one count of third-degree Sexual Abuse.' For these crimes, Appellant was sentenced to thirty years' imprisonment and assessed fines totaling $1,750 .00. He now appeals to this Court as a matter of right. Ky. Const.

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Kentucky Law