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IMPORTANT NOTICE NOT TO BE PUBLISHED OPINION
THIS OPINION IS DESIGNATED "NOT TO BE PUBLISHED." PURSUANT TO THE RULES OF CIVIL PROCEDURE PROMULGATED BY THE SUPREME COURT, CR 76.28(4)(C), THIS OPINION IS NOT TO BE PUBLISHED AND SHALL NOT BE CITED OR USED AS BINDING PRECEDENT IN ANY OTHER CASE IN ANY COURT OF THIS STATE; HOWEVER, UNPUBLISHED KENTUCKY APPELLATE DECISIONS, RENDERED AFTER JANUARY I, 2003, MAY BE CITED FOR CONSIDERATION BY THE COURT IF THERE IS NO PUBLISHED OPINION THAT WOULD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 OPINIONS CITED FOR CONSIDERATION BY THE COURT SHALL BE SET OUT AS AN UNPUBLISHED DECISION IN THE FILED DOCUMENT AND A COPY OF THE ENTIRE DECISION SHALL BE TENDERED ALONG WITH THE DOCUMENT TO THE COURT AND ALL PARTIES TO THE ACTION.

RENDERED: OCTOBER 27, 2011 NOT TO BE PUBLISHED

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2010-SC-000052-MR JAMES RANDALL MAY APPELLANT

V.

ON APPEAL FROM MERCER CIRCUIT COURT HONORABLE DARREN PECKLER, JUDGE NO. 09-CR-00049

COMMONWEALTH OF KENTUCKY

APPELLEE

MEMORANDUM OPINION OF THE COURT
AFFIRMING

A circuit court jury convicted James May of two counts of first-degree unlawful transaction with a minor and one count of third-degree sodomy. The trial court sentenced him to twenty-four years' imprisonment and ordered the sentence to run concurrent with a life sentence, for which May was paroled May now appeals his conviction as a matter of right.' He contends the judgment must be reversed because the trial court erred by (1) ruling that May could not present evidence of his reporting to school authorities the sexual abuse of another child without opening the door to evidence of his own prior convictions; (2) allowing testimony of the victim's treating physician identifying May as the perpetrator; (3) bolstering the victim's credibility by permitting inadmissible prior consistent statements, by finding in the jury's presence the victim competent to testify, and by allowing improper argument from the
Ky. Const.

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Kentucky Law