(1) When a sentence of imprisonment for a felony is fixed by a jury pursuant to KRS
532.060 and the trial court, having regard to the nature and circumstances of the
crime and to the history and character of the defendant, is of the opinion that a
sentence of imprisonment is necessary but that the maximum term fixed by the jury
is unduly harsh, the court may modify that sentence and fix a maximum term within
the limits provided in KRS 532.060 for the offense for which the defendant
presently stands convicted.
(2) When a sentence of imprisonment for a Class D felony is fixed by a jury pursuant to
KRS 532.060 and the trial court, having regard to the nature and circumstances of
the crime and to the history and character of the defendant, is of the opinion that a
sentence of imprisonment is necessary but that it would be unduly harsh to impose
such a sentence, the court may sentence the defendant to a definite term of
imprisonment in a county or a regional correctional institution for a term of one (1)
year or less.
Effective: January 1, 1975
History: Created 1974 Ky. Acts ch. 406, sec. 279, effective January 1, 1975.
Notes of Decisions
Dotson v. Commonwealth (1987)
ky · cites it 10×
“KRS 532.070, which provides that a tria] judge may modify a sentence downward does not apply to this situation.”
Bailey v. Commonwealth (2002)
ky · cites it 17×
“2d 647 (1991), we looked beyond the facade of amelioration in the application of KRS 532.070(1) by the trial court and we now do the same with the application of KRS 532.”
Lawson v. Commonwealth (2002)
ky · cites it 6×
“Commonwealth [24] appears to prescribe such a modification of Appellant's consecutive sentences, we hold that such relief would be inappropriate in this case because the trial court has exercised its discretion under KRS 532.070(1) to modify the jury's sentences as to each…”
Thornton v. Commonwealth (2013)
ky · cites it 5×
“s physically capable of performing; (2) palpable error occurred when the trial court failed to instruct on the burden of proof in relation to his insanity defense instruction; (3) palpable error occurred when the trial court failed to instruct the jury regarding his right not to…”
Buchanan v. Kentucky (1987)
scotus · cites it 2×
“[14] Pursuant to Ky. Rev. Stat. § 532.070(1) (1985), the trial court may reduce a jury sentence for a felony conviction when it believes that it is "unduly harsh.”
Commonwealth v. Reneer (1987)
ky · cites it 2×
“040; KRS 532.070. "The report shall be prepared and presented by a probation officer and shall include an analysis of the defendant's history of delinquency or criminality, physical and mental condition, family situation and background, economic status, education, occupation,…”
Jonathan McDaniel v. Commonwealth of Kentucky (2016)
ky · cites it 3×
“070, which allows trial court amelioration of jury-imposed sentences the court believes too harsh); 2 and (3) as a “second” sentence for the given crime, in violation of the Double Jeopardy Clause of the United States’Constitution, which clause generally forbids that crimes be…”
Young v. Commonwealth (2000)
ky · cites it 2×
“KRS 532.070(1) leaves the final determination regarding sentencing up to the trial court: When a sentence of imprisonment for a felony is fixed by a jury pursuant to KRS 532.”
Boone v. Commonwealth (1989)
ky · cites it 2×
“84 and KRS 532.070 (which has not been repealed) the jury "shall fix" the penalty in every case unless the defendant waives his right to jury sentencing.”
Silverburg v. Commonwealth (1979)
ky
“Purporting to act under the authority of KRS 532.070, the trial judge on June 21, 1976, entered an order modifying the perjury sentence.”
— Ky. Rev. Stat. § 532.070(1) — 9 cases
Lawson v. Commonwealth (2002)
ky
“Commonwealth [24] appears to prescribe such a modification of Appellant's consecutive sentences, we hold that such relief would be inappropriate in this case because the trial court has exercised its discretion under KRS 532.070(1) to modify the jury's sentences as to each…”
Buchanan v. Kentucky (1987)
scotus
“[14] Pursuant to Ky. Rev. Stat. § 532.070(1) (1985), the trial court may reduce a jury sentence for a felony conviction when it believes that it is "unduly harsh.”
Young v. Commonwealth (2000)
ky
“KRS 532.070(1) leaves the final determination regarding sentencing up to the trial court: When a sentence of imprisonment for a felony is fixed by a jury pursuant to KRS 532.”
Bailey v. Commonwealth (2002)
ky
“2d 647 (1991), we looked beyond the facade of amelioration in the application of KRS 532.070(1) by the trial court and we now do the same with the application of KRS 532.”
— Ky. Rev. Stat. § 532.070(2) — 5 cases
Bailey v. Commonwealth (2002)
ky
“2d 647 (1991), we looked beyond the facade of amelioration in the application of KRS 532.070(1) by the trial court and we now do the same with the application of KRS 532.”
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