Eric Lester Pierce (defendant) was convicted of criminal solicitation to commit sodomy under a City of Florence, Kentucky ordinance, fined $500, and sentenced to serve six months in the county jail. The city ordinance, a misdemeanor, provided for twice the punishment that would have been imposed under the state statute for the same illegal conduct. Pierce appealed, arguing that the penalties imposed by the city ordinance should be preempted by the state law. The circuit court affirmed Pierce’s conviction. Thereafter, the court of appeals denied Pierce’s motion for discretionary review. The Kentucky Supreme Court granted certiorari to review.