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  5. 597 S.W.2d 613 (1980)
 

HEADY v. COM.

597 S.W.2d 613 (1980)

James Wesley HEADY, Appellant, v. COMMONWEALTH of Kentucky, Appellee.

Supreme Court of Kentucky.

April 1, 1980.

Attorney(s) appearing for the Case

Frank W. Heft, Jr., Daniel T. Goyette, Louisville, for appellant.

Robert F. Stephens, Atty. Gen., Patrick B. Kimberlin, III, Asst. Atty. Gen., Frankfort, for appellee.

LUKOWSKY, Justice.

Heady was convicted of carrying a concealed weapon in violation of KRS 527.020(1). Ordinarily this offense is a misdemeanor. However, Heady had previously been convicted of an armed robbery involving a deadly weapon. This upgraded the offense to a felony and his punishment was fixed at four years' imprisonment. KRS 527.020(5).

The Commonwealth then sought to further increase the penalty by having Heady declared to be a persistent felony...

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