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PHILLIPS v. COM.

559 S.W.2d 724 (1977)

Eugene PHILLIPS, Appellant, v. COMMONWEALTH of Kentucky, Appellee.

Supreme Court of Kentucky.

December 9, 1977.

Attorney(s) appearing for the Case

Jack Emory Farley, Public Defender, William C. Ayer, Jr., Asst. Public Defender, Frankfort, for appellant.

Robert F. Stephens, Atty. Gen., B. Frank Radmacher, III, Asst. Atty. Gen., Frankfort, for appellee.

REED, Justice.

Eugene Phillips was indicted and tried for the offense of first-degree robbery, KRS 515.020, and for being a persistent felony offender, KRS 532.080. The jury convicted Phillips of first-degree robbery and fixed his punishment at 15 years' imprisonment. On the second stage of the bifurcated trial, the jury convicted Phillips of being a persistent felony offender, and he was sentenced to 40 years' imprisonment.

Phillips attacks only the conviction...

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