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COM. v. HOLDER

705 S.W.2d 907 (1986)

COMMONWEALTH of Kentucky, Movant, v. Billy HOLDER, Respondent. and COMMONWEALTH of Kentucky, Movant, v. Jerry BROWN and Finley Martin, Respondents.

Supreme Court of Kentucky.

As Modified on Denial of Rehearing April 10, 1986.

Attorney(s) appearing for the Case

David L. Armstrong, Atty. Gen., K. Gail Leeco, Lloyd C. Vest, Asst. Attys. Gen., Frankfort, for movant.

Robert J.W. Howell, Appellate Public Advocate, Covington, for respondent holder.

G. Patrick Thompson, Brandenburg, for respondents Brown and Martin.

VANCE, Justice.

The question on appeal is the validity of a conviction of three defendants accused of the same offense and represented at trial by the same counsel when the trial judge failed to comply with RCr 8.30.

RCr 8.30(1) provides:

"(1) If the crime of which the defendant is charged is punishable by a fine of more than $500, or by confinement, no attorney shall be permitted at any stage of the proceedings to act as counsel for him while at...

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