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COM. v. JOHNSON

615 S.W.2d 1 (1981)

COMMONWEALTH of Kentucky, Appellant, v. William C. JOHNSON, Appellee.

Court of Appeals of Kentucky.

Discretionary Review Denied May 19, 1981.

Attorney(s) appearing for the Case

Steven L. Beshear, Atty. Gen., John H. Gray, Asst. Atty. Gen., Frankfort, for appellant.

E. Douglas Miller, Swinford & Sims, Cynthiana, for appellee.

Before HAYES, C. J., and WHITE and GANT, JJ.

WHITE, Judge.

The question presented on this appeal is can a defendant out on a work-release order be charged with the felony of escape under KRS 520.030 when he has been in jail charged with misdemeanors? The lower court held he could only be charged with a misdemeanor (KRS 520.040) rather than a felony.

The Commonwealth argues that it doesn't matter what a defendant is charged with, that the statute provides for a felony (escape in the second degree) if...

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