SMITH v. COM.


610 S.W.2d 939 (1980)

Fred Matthew SMITH, Appellant, v. COMMONWEALTH of Kentucky, Appellee.

Court of Appeals of Kentucky.

Discretionary Review Denied February 13, 1981.


Attorney(s) appearing for the Case

Jack Emory Farley, Public Advocate, Michael A. Wright, Asst. Public Advocate, Commonwealth of Kentucky, Frankfort, for appellant.

Steven L. Beshear, Atty. Gen., Greg Holmes, Asst. Atty. Gen., Frankfort, for appellee.

Before WHITE, COOPER and BREETZ, JJ.


WHITE, Judge.

The sole issue presented by this appeal is whether the appellant, Fred Matthew Smith, was impermissibly convicted as a second-degree persistent felony offender on the basis of a prior felony which had been used in another second-degree persistent felony offender conviction. On September 7, 1979, a judgment was entered in Jefferson Circuit Court sentencing Smith to the penitentiary on a conviction of two counts of trafficking in a controlled substance...

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