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COM. v. SPAULDING

No. 97-SC-883-DG.

991 S.W.2d 651 (1999)

COMMONWEALTH of Kentucky, Appellant, v. Marcellus SPAULDING, Appellee.

Supreme Court of Kentucky.

As Amended June 28, 1999.

Attorney(s) appearing for the Case

A.B. Chandler, III, Attorney General, Amy F. Howard, Assistant Attorney General, Criminal Appellate Division, Office of the Attorney General, Frankfort, KY, for appellant.

Wallace N. Rogers, Mulhall, Turner, Hoffman & Coombs, P.L.L.C., Louisville, KY, for appellee.

JOHNSTONE, Justice.

Appellant, Marcellus Spaulding, was convicted of first-degree manslaughter and pled guilty to a charge of first-degree persistent felony offender. He was sentenced to a total of thirty years in prison. His conviction and sentence were affirmed by this Court in an unpublished opinion rendered on July 30, 1992. Spaulding v. Commonwealth, Ky., 91-SC-0759-MR (1992). Subsequently, the Court of Appeals overturned Spaulding's conviction on an appeal...

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