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DUNCAN v. COM.

614 S.W.2d 701 (1980)

David Wayne DUNCAN, Appellant, v. COMMONWEALTH of Kentucky, Appellee.

Court of Appeals of Kentucky.

Rehearing Denied March 13, 1981.

Discretionary Review Denied May 19, 1981.

Attorney(s) appearing for the Case

Jack Emory Farley, Public Advocate, Randall L. Wheeler, Asst. Public Advocate, Frankfort, for appellant.

Steven L. Beshear, Atty. Gen., K. Gail Leeco, Asst. Atty. Gen., Frankfort, for appellee.

Before BREETZ, COOPER, and WHITE, JJ.

COOPER, Judge.

This is an appeal from an order of the trial court overruling the appellant's motion, under KRS 532.120(3), (4), to require it to credit the appellant with all time spent in custody prior to the entry of a final judgment. Procedurally, we believe that this appeal falls within the provisions of CR 60.02 rather than RCr 11.42. As such, we affirm the trial court in that the appellant failed to file his motion with that court within one (1) year after the...

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