¶1dissenting.
¶2Respectfully, I dissent.
¶3In the particular circumstances of this case the co-defendant’s negotiated plea and, reduced sentence for equal participation in the same offense, and his prior convictions, were relevant to “negate” the Commonwealth’s evidence at the sentencing phase of the defendant’s prior record. KRS 532.-055(2)(b) permits in pertinent part, “the introduction of evidence which negates any evidence introduced by the Commonwealth.” (Emphasis added.)
¶4Under Truth-In-Sentencing, because the Commonwealth introduced proof of collateral criminal activity to induce a more severe sentence, the accused should be permitted the evidence here admitted to mitigate against a disproportionately harsh sentence. This is half Truth-In-Sentencing; admitting only the evidence that prejudices the accused.
¶5I would affirm the trial court.
¶6COMBS, J., joins.