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FRYREAR v. COMMONWEALTH

No. 2013-CA-000427-MR.

LEROY FRYREAR, Appellant, v. COMMONWEALTH OF KENTUCKY, Appellee.

Court of Appeals of Kentucky.

Rendered: September 5, 2014.

Attorney(s) appearing for the Case

Brian T. Ruff, Louisville, Kentucky, BRIEF FOR APPELLANT.

Jack Conway, Attorney General, Ken W. Riggs, Frankfort, Kentucky, BRIEF FOR APPELLEE.

BEFORE: MAZE, MOORE, AND VANMETER, JUDGES.

NOT TO BE PUBLISHED

OPINION

MAZE, Judge.

Appellant, Leroy Fryrear, appeals from an order of the Jefferson Circuit Court denying his motion to set aside his 1969 conviction and sentence for first-degree rape. Specifically, he contends that application of his sentence is no longer equitable because he is in ill health and because Kentucky law no longer punishes the crime of first-degree rape with the sentence of life without parole. Though our reasoning...

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