FINNEY v. COM.


638 S.W.2d 709 (1982)

Lazarus C. FINNEY, Appellant, v. COMMONWEALTH of Kentucky, Appellee.

Court of Appeals of Kentucky.

Discretionary Review Denied October 5, 1982.


Attorney(s) appearing for the Case

Frank W. Heft, Jr., Chief Appellate Defender of the Jefferson Dist. Public Defender Louisville, for appellant; Daniel T. Goyette, Chief Deputy Public Defender, Jefferson District Public Defender Louisville, of counsel.

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

Before WHITE, GANT and GUDGEL, JJ.


WHITE, Judge.

This appeal arises from a Jefferson Circuit Court conviction upon a charge of theft by unlawful taking over $100, enhanced by the status offense of persistent felony offender II. The relevant facts will be presented in discussion of the assigned errors.

Finney's first assignment is that the lower Court erred in not giving an instruction delineating his right not to have testified during the PFO proceeding...

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