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COM. v. CORNELIUS

606 S.W.2d 172 (1980)

COMMONWEALTH of Kentucky, Appellant, v. James O. CORNELIUS, Appellee.

Court of Appeals of Kentucky.

As Modified October 31, 1980.

Attorney(s) appearing for the Case

Edward L. Schoenbaechler, J. Bruce Miller, Louisville, for appellant.

Joseph Martin, Jr., Louisville, for appellee.

Before GUDGEL, HOGGE and WINTERSHEIMER, JJ.

GUDGEL, Judge.

This is an appeal from a judgment of the Jefferson Circuit Court. We granted discretionary review to determine whether KRS 439.177 is unconstitutional.1 We hold that it is and reverse.

On December 4, 1978, appellee, James O. Cornelius, pleaded guilty to the misdemeanor offense of possession of dangerous drugs in the Jefferson District Court. He was sentenced to, and commenced service of, a prison term of one year...

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