LOVITT v. COM.


592 S.W.2d 133 (1979)

Loy LOVITT, Jr., Movant, v. COMMONWEALTH of Kentucky, Respondent.

Supreme Court of Kentucky.

Rehearing Denied February 12, 1980.


Attorney(s) appearing for the Case

Jack Farley, Public Defender, James R. Wood, Asst. Public Defender, Frankfort, for movant.

Robert F. Stephens, Atty. Gen., Miles H. Franklin, George M. Geoghegan, III, Asst. Attys. Gen., Frankfort, for respondent.


PER CURIAM.

Loy Lovitt, Jr., the movant, was indicted and convicted of three counts of theft by deception in violation of KRS 514.040(1)(e). He was sentenced to serve three years imprisonment on each count, the sentences to be served consecutively. Lovitt appealed to the Court of Appeals where his conviction was affirmed by a three-judge panel with one judge dissenting. We reverse the Court of Appeals.

The record is clear that the Commonwealth did not comply...

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