WILHITE v. COM.


574 S.W.2d 304 (1978)

John L. WILHITE, Appellant, v. COMMONWEALTH of Kentucky, Appellee.

Supreme Court of Kentucky.

November 21, 1978.


Attorney(s) appearing for the Case

Jack E. Farley, Public Advocate, Kevin M. McNally, Asst. Public Defender, Frankfort, for appellant.

Robert F. Stephens, Atty. Gen., Reid C. James, Asst. Atty. Gen., Frankfort, for appellee.


STERNBERG, Justice.

The appellant, John L. Wilhite, was convicted in the Fayette Circuit Court for the offense of first-degree rape (KRS 510.040) and first-degree burglary of the victim's apartment (KRS 511.020). The jury ordered him to serve a term of 20 years in prison for rape and 10 years for burglary. In the second phase of the bifurcated proceeding, the jury found the appellant to be a persistent felony offender in the second degree and fixed his punishment...

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