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HIBBS v. COM.

570 S.W.2d 642 (1978)

Joseph Sylvester HIBBS, Appellant, v. COMMONWEALTH of Kentucky, Appellee.

Court of Appeals of Kentucky.

Rehearing Denied April 14, 1978.

Discretionary Review Denied October 3, 1978.

Attorney(s) appearing for the Case

Terrance R. Fitzgerald, Deputy Dist. Defender, Frank W. Heft, Jr., Asst. Dist. Defender, C. David Johnstone, Chief Trial Atty., Louisville, for appellant.

Robert F. Stephens, Atty. Gen., David M. Whalin, Asst. Atty. Gen., Frankfort, for appellee.

Before HAYES, VANCE and WHITE, JJ.

HAYES, Judge.

This case is before us on a direct appeal from the judgment of the Jefferson Circuit Court by which appellant, Joseph Sylvester Hibbs, was sentenced to the penitentiary for ten (10) years for violation of KRS 515.020 (Robbery I) and from an order overruling his RCr 11.42 motion on the same subject matter. We have consolidated these appeals in this case only and do not recommend it is appropriate that the defendant in a criminal case be permitted to have...

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