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WETHINGTON v. COMMONWEALTH

549 S.W.2d 530 (1977)

Ralph P. WETHINGTON, Appellant, v. COMMONWEALTH of Kentucky, Appellee.

Court of Appeals of Kentucky.

April 8, 1977.

Attorney(s) appearing for the Case

Linda K. West, Asst. Public Defender, Com. of Ky., Frankfort, for appellant.

Miles H. Franklin, Asst. Atty. Gen., Com. of Ky., Frankfort, for appellee.

Before MARTIN, C. J., and WINTERSHEIMER and GANT, JJ.

MARTIN, Chief Judge.

The defendant, Ralph P. Wethington, appeals from a Fayette Circuit Court criminal Judgment sentencing him in accordance with KRS 533.060(2). This section provides that a person who is convicted or enters a plea of guilty to a felony committed while on parole, probation, shock-probation, or conditional discharge, shall not be eligible for this treatment or concurrent sentencing on the subsequent offense. The defendant argues in this case, since...

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