COM. v. CROOKS


655 S.W.2d 475 (1983)

COMMONWEALTH of Kentucky, Movant, v. Phelan CROOKS, Respondent. Phelan CROOKS, Movant, v. COMMONWEALTH of Kentucky, Respondent.

Supreme Court of Kentucky.

Rehearing Denied September 21, 1983.


Attorney(s) appearing for the Case

Jack Emory Farley, Public Advocate, Larry H. Marshall, Asst. Public Advocate, Frankfort, for movant, Crooks.

Steven L. Beshear, Atty. Gen., W. Bruce Cowden, Asst. Atty. Gen., Frankfort, for respondent, Commonwealth.


LEIBSON, Justice.

Phelan Crooks was convicted in Fayette Circuit Court of knowingly receiving stolen property. The jury recommended a sentence of three and one-half (3½) years imprisonment, which the trial court imposed.

Then, in the second phase of a bifurcated proceeding, Crooks was also found guilty by the jury of being a persistent felony offender in the first degree, but the jury was unable to agree upon a verdict.

Ultimately, the jury sent...

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