LUNA v. COM.


571 S.W.2d 88 (1977)

Jimmy Leroy LUNA, Appellant, v. COMMONWEALTH of Kentucky, Appellee.

Court of Appeals of Kentucky.

September 9, 1977.


Attorney(s) appearing for the Case

Jack Emory Farley, Public Defender, Com. of Kentucky by Timothy T. Riddell, Asst. Public Defender, Frankfort, for appellant.

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

Before GANT, HAYES, and HOWERTON, JJ.


HAYES, Judge.

Appellant, Jimmy Leroy Luna, was indicted for trafficking in a schedule I nonnarcotic (Hashish). He was convicted of trafficking in a schedule I non-narcotic, second offense, and was sentenced to ten years in the penitentiary.

The only alleged error, of any substance, is whether the trial court erred in submitting the case to the jury as a second offense, thereby enhancing the penalty, when such was not charged in the indictment.

The...

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