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BROWN v. COM.

656 S.W.2d 727 (1983)

Thomas M. BROWN, Movant, v. COMMONWEALTH of Kentucky, Respondent.

Supreme Court of Kentucky.

Rehearing Denied October 12, 1983.

Attorney(s) appearing for the Case

Frank E. Haddad, Jr., Louisville, for Movant.

Steven L. Beshear, Atty. Gen., Paul E. Reilender, Jr., Asst. Atty. Gen., Frankfort, for respondent.

OPINION OF THE COURT

Thomas M. Brown was convicted by a jury in Jefferson Circuit Court of theft by deception of property valued over $100 (KRS 514.040), and was sentenced to two years' imprisonment. The Court of Appeals affirmed the judgment of the Jefferson Circuit Court. Discretionary review was granted and an opinion from this court was rendered on December 14, 1982. In reaching that opinion, this court overlooked a material fact. The December 14, 1982, decision...

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