KRS 532.070: Court modification of felony sentence.

(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.