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KOTAS v. COM.

565 S.W.2d 445 (1978)

George KOTAS, Appellant, v. COMMONWEALTH of Kentucky, Appellee.

Supreme Court of Kentucky.

May 2, 1978.

Attorney(s) appearing for the Case

Jack Emory Farley, Public Defender, Edward C. Monahan, Asst. Public Defender, Frankfort, for appellant.

Robert F. Stephens, Atty. Gen., J. Gerald Henry, Asst. Atty. Gen., Frankfort, for appellee.

LUKOWSKY, Justice.

On September 10, 1970, Kotas, along with his co-defendant Lycans, pled guilty to armed robbery. Kotas was represented by counsel. A jury was impaneled by the trial judge to fix the penalty. The verdict was life imprisonment and he was so sentenced. On May 18, 1977, the trial court granted a motion to vacate sentence made pursuant to RCr 11.42 because the jury had been improperly instructed on possible punishments.

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