Kentucky Statutes 532.070 – Court modification of felony sentence
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(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.
For details, see § 532.060
(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.
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.
Attorney's Note
Under the Kentucky Statutes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class D felony | between 1 and 5 years | between $1,000 and $10,000 |
Terms Used In Kentucky Statutes 532.070
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
- Year: means calendar year. See Kentucky Statutes 446.010
(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.