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COMMONWEALTH v. MORRIS

613 S.W.2d 616 (1981)

COMMONWEALTH of Kentucky, Movant, v. Ben Thomas MORRIS, Respondent.

Supreme Court of Kentucky.

March 31, 1981.

Attorney(s) appearing for the Case

Steven L. Beshear, Atty. Gen., Joseph R. Johnson, Asst. Atty. Gen., Frankfort, for movant.

Frank W. Heft, Jr., Chief Appellate Defender, Daniel Goyette, Jefferson Public Defender, Louisville, for respondent.

OPINION OF THE COURT

CLAYTON, Justice.

Ben Thomas Morris was convicted of two counts of theft by failure to make required disposition of property and his sentence set at five years on each count. These terms were enhanced to ten years each when Morris was found to be a first degree persistent felony offender.

The Court of Appeals reversed the convictions and ordered a new trial. We subsequently granted the Commonwealth's motion for discretionary...

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