NOT TO BE PUBLISHED

OPINION

MOORE, Judge.

Glenn Riley appeals the Knox Circuit Court's order denying his CR1 60.02 motion. After a careful review of the record, we affirm because Riley did not comply with the notification requirement of KRS2 418.075 and he did not request that we review his unpreserved claims for palpable error.

Riley entered a guilty plea to the charges of third-degree rape under KRS 510.060 and being a second-degree persistent felony offender (PFO-2nd) under KRS 532.080. He was sentenced to five years of imprisonment for the rape conviction, which the circuit court enhanced to seven years due to his PFO-2nd conviction.

Several years later, Riley moved, pursuant to CR 60.02, to be resentenced and for an order to clarify his sentence to the Department of Corrections. The circuit court denied the motion.

Riley now appeals.3 Riley asserts that KRS 532.043 violates the Separation of Powers doctrine by allowing the executive branch to increase a defendant's maximum sentence in a judicial matter. He also contends that the statute "should be void per Section 26 and forbidden per Section 19 of the Kentucky Constitution." However, Riley did not comply with the notification requirement set forth in KRS 418.075 before raising these arguments, and his failure to provide notice to the Attorney General renders these constitutional challenges unpreserved. See Jones v. Commonwealth, 319 S.W.3d 295, 297 (Ky. 2010).

Moreover, because Riley did not request that we review his unpreserved claims for palpable error pursuant to RCr 10.26, we will not review them. See Shepherd v. Commonwealth, 251 S.W.3d 309, 316 (Ky. 2008) ("[A]n appellate court will not engage in palpable error review pursuant to RCr 10.26 unless such a request is made and briefed by the appellant.").

Accordingly, the order of the Knox Circuit Court is affirmed.

ALL CONCUR.