BROWN v. COMMONWEALTH


551 S.W.2d 557 (1977)

Joseph Henry BROWN, Appellant, v. COMMONWEALTH of Kentucky, Appellee.

Supreme Court of Kentucky.

Rehearing Denied July 1, 1977.


Attorney(s) appearing for the Case

Jack Emory Farley, Public Defender, Anna H. Isaacs, Larry H. Marshall and Kevin M. McNally, Asst. Public Defenders, Frankfort, for appellant.

Robert F. Stephens, Atty. Gen., William W. Pollard, Asst. Atty. Gen., Frankfort, for appellee.


PALMORE, Justice.

The appellant, Joseph Henry Brown, was found guilty under two counts of an indictment charging him with attempted robbery, KRS 506.010, 515.020, and being a persistent felony offender, KRS 532.080. He appeals from a judgment sentencing him to 20 years' imprisonment in accordance with the persistent-offender verdict. KRS 532.080(4)(c).

A bifurcated trial was held before the same jury pursuant to KRS 532.080(1), which provides that when a defendant...

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