By an Opinion entered on November 30, 1989, this Court affirmed the appellant’s conviction by a McCracken Circuit Court jury of two counts of first-degree sodomy and one count of first-degree sexual abuse upon an eight-year-old girl. Boone v. Commonwealth, Ky., 780 S.W.2d 615 (1989). The sentence of forty years’ imprisonment, however, was set aside, and a *814portion of KRS 532.055(2)(a)l. was held unconstitutional for permitting only the Commonwealth to introduce evidence before the jury of minimum parole eligibility during the punishment phase of a bifurcated trial.
Upon remand, a second sentencing hearing was held during which reversible error was committed, as is conceded by the Commonwealth. Consequently, we vacate the sentence of imprisonment for one hundred and twenty-five years and once again remand for yet another sentencing hearing.
Appellant insists that upon such a remand and separate hearing to fix punishment, the new jury may only hear evidence as to those matters specifically itemized in KRS 532.055(2)(a) and (b), viz.
(a) Evidence may be offered by the Commonwealth relevant to sentencing including:
1. Minimum parole eligibility, prior convictions of the defendant, both felony and misdemeanor;
2. The nature of prior offenses for which he was convicted;
3. The date of commission, date of sentencing and date of release from confinement or supervision from all prior offenses;
4. The maximum expiration of sentence as determined by the division of probation and parole for all such current and prior offenses; and
5. The defendant’s status if on probation, parole, conditional discharge, or any other form of legal release;
(b) The defendant may introduce evidence in mitigation. For purposes of this section, mitigating evidence means evidence that the accused has no significant history of criminal activity which may qualify him for leniency. This section shall not preclude the introduction of evidence which negates any evidence introduced by the Commonwealth....
In support of this contention, appellant argues that the statute specifically sets out what may be introduced in the punishment phase and that it is intended to be inclusive and limiting. We do not agree. It is clear from reading the statute as a whole that it was written to cover the normal bifurcated trial where the guilt phase and punishment phase follow in close proximity of time and are both heard by the same jury. Where, as here, a subsequent separate punishment phase is necessary because of reversible error committed only in that phase at the original trial, common sense dictates that the second jury must be told something about what transpired during the earlier guilt phase if they indeed are not “to sentence in a vacuum without any knowledge of the defendant’s past criminal record or other matters that might be pertinent to consider in the assessment of an appropriate penalty.” Commonwealth v. Reneer, Ky., 734 S.W.2d 794, 797 (1987). (Emphasis supplied.)
Having said that, it is now our task to attempt to outline for bench and bar those matters which we believe “might be pertinent” for such a “punishment phase jury” to consider in addition to those matters itemized in KRS 532.055(2). In doing so, we must be mindful not only of legalities, but also of practicalities. For example, if the original guilt phase of a trial extended over a two-week period, the freestanding punishment phase would last even longer if we were to require a complete reading to the jury of a verbatim transcript or the projection of a videotaped record of the guilt phase. This would rarely, if ever, be practical or justifiable, notwithstanding the fact that it would be the most comprehensive.
Rather, we believe it would suffice, in most cases, for the jury to have read to it (a) the charges from the indictment of which the defendant was found guilty; (b) any charge of which the defendant was found guilty which was a lesser-included offense to a charge set out in the indictment; (c) the jury instructions given by the trial court at the guilt phase; and (d) the jury’s verdict.
In addition to the matters set out above, should both sides agree, each could read a concise summary of the evidence which it offered and which was admitted at the guilt phase of the earlier trial. Similarly, *815the closing arguments of both sides from the guilt phase could be read or projected if both agreed.
In the event that the parties cannot agree as to the summaries of the evidence referred to above, then each could submit its proposed summary to the opposing party and the court, who could then determine what the summaries would contain after hearing any objections and argument from the opposing party.
This case is remanded to the McCracken Circuit Court for resentencing under the procedures outlined herein.
COMBS, LAMBERT, REYNOLDS and WINTERSHEIMER, JJ., concur. LEIBSON, J., dissents by separate opinion, in which STEPHENS, C.J., concurs in the portion that addresses violation of the hearsay rule.