This appeal is from a judgment based on a jury verdict which convicted Dotson of kidnapping and robbery in the first degree. He was sentenced to ten years on each charge to run consecutively.
The issue is whether the trial judge committed reversible error when he ordered the sentences to run consecutively rather than concurrently as the jury had recommended.
In accordance with KRS 532.055, a sentencing hearing was conducted and the jury returned a recommendation that Dotson be sentenced to ten years for robbery and ten years for kidnapping to be served concurrently. The trial judge presented to both counsel the question concerning the recommendation of the jury as to concurrent sentences. At a sentencing hearing conducted after the receipt of the probation and parole presentence investigation report, the trial judge imposed consecutive ten-year sentences for a total of twenty years. This appeal followed.
This Court affirms the judgment of the circuit court because the trial judge is not bound to accept the recommendation of the jury as to sentencing.
The argument presented by Dotson is that the trial judge has the discretion to lower a recommended sentence but that because of KRS 532.055, the trial judge is otherwise bound by the recommendation of the jury.
KRS 532.055 does not impose a duty on the trial judge to accept the recommendation of the jury as to sentencing. The recommendation remains only a recommendation and has no mandatory effect. The jury recommendation as to concurrent or consecutive sentencing is equally unaffected by the new statute which provides that the jury shall “recommend” whether the sentences shall be served concurrently or consecutively. There is nothing mandatory or binding upon the judge as to the recommendation.
KRS 532.110(1) also provides that the court shall determine at the time of sentencing whether multiple sentences shall run concurrently or consecutively. KRS 532.110 was amended and became effective on the same date as KRS 532.055.
In all felony cases the jury in its initial verdict makes a determination of guilt or innocence. Then the jury makes a recommendation to the trial judge who imposes the final sentence. In making the initial determination, it is clear that this action is subject to the final imposition of sentence by the trial judge. These distinct activities have significance, meaning and importance. They are not automatic or pro forma. Each entity in the sentencing system as established by the legislature has a specific statutory role. KRS 532.055(2) provides in part that the jury will determine punishment. Such determination relates to the initial establishment of a sentence and not to how or in what manner the sentence is to be served. The same section also states that the jury will only recommend whether the sentences shall be served concurrently or consecutively.
KRS 532.055(2)(c) also provides in a later section that the jury shall recommend a sentence upon the conclusion of the proof in the sentencing hearing. These sections are not in such conflict so as to benefit this defendant.
The trial judge always has the power to reduce a sentence and not to increase one. However here the method of service of sentence is subject only to a recommendation by the jury.
Considering either provision of the statute the jury’s function is only to recommend.
The trial judge must consider the recommendation of the jury but may also have before him the presentence investigation report which has a legitimate role in the total sentencing process. This is a proper blend of jury and judge sentencing with each having a particular function.
*932This procedure does not increase the sentence although it obviously increases the possibility as to the length of the time served. The actual length of the sentence is determined by the behavior of the person imprisoned, considerations made by the parole board and the computations by the corrections cabinet.
There is no statutory provision for the jury to fix the manner of serving a sentence.
Here the jury found Dotson guilty of two separate crimes, kidnapping and robbery, and fixed two separate sentences of ten years for each. Then they recommended that the two sentences be served concurrently. There is no requirement that the trial judge accept the recommendation as made in any respect. KRS 532.110(1) clearly provides that where multiple sentences of imprisonment are imposed for more than one crime, such sentences shall run concurrently or consecutively as the trial judge shall determine at the time of sentencing.
KRS 532.070, which provides that a tria] judge may modify a sentence downward does not apply to this situation.
Accordingly the consecutive sentencing imposed by the trial court was proper, there is no duty under KRS 532.055 to accept the recommendation of the jury as to concurrent sentencing.
The judgment of the circuit court is affirmed.
STEPHENS, C.J., and GANT, STEPHENSON and VANCE, JJ., concur. LEIBSON, J., dissents by separate opinion. LAMBERT, J., joins in his dissent.