Pierce Brief – Partial
Facts: Defendant convicted of solicitation to commit sodomy under city ordinance fined $500.00 and sentenced to 6 months.
State statute KRS 506.030 allows for a maximum fine of $250.00 and 90 days in jail. The city statute directly addresses criminal conduct which is comprehensively addressed by state statutes.
Issue: May a local ordinance provide a greater penalty for a violation already addressed by a state statute?
Holding: , conviction reversed.
The state’s Home Rule statute states: .