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SMITH v. COM.

Nos. 83-SC-594-MR and 83-SC-595-MR

669 S.W.2d 527 (1984)

Larry Wayne SMITH, Appellant, v. COMMONWEALTH of Kentucky, Appellee. Terry SMITH, Appellant, v. COMMONWEALTH of Kentucky, Appellee. Ronald SMITH, Appellant, v. COMMONWEALTH of Kentucky, Appellee.

Supreme Court of Kentucky.

Rehearing Denied in June 14, 1984.

Attorney(s) appearing for the Case

Paul Isaacs, Public Advocate, Frankfort, Linda K. West, Asst. Public Advocate, for appellants.

David L. Armstrong, Atty. Gen., Frankfort, Virgil W. Webb, III, Asst. Atty. Gen., for appellee.

OPINION OF THE COURT

Appellants were convicted of first degree robbery in an armed robbery of an employee of a jewelry store in Clay County, the sum involved exceeding $28,000 in cash and jewelry. Terry Smith and Ronald Smith were each sentenced to 20 years in prison, and Larry Smith was sentenced to ten years. Transfer to this court was granted in the latter case so the cases could be considered together.

The evidence was that on July 1, 1982, two employees...

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