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KELTEE v. COM.

648 S.W.2d 860 (1983)

Donald Edward KELTEE, Movant, v. COMMONWEALTH of Kentucky, Respondent.

Supreme Court of Kentucky.

March 30, 1983.

Attorney(s) appearing for the Case

Jack E. Farley, Public Advocate, Mark A. Posnansky, Asst. Public Advocate, Frankfort, for movant.

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

OPINION OF THE COURT

The instant case is an appeal from the order of the trial court overruling an RCr 11.42 motion to set aside a previous conviction used as a basis of a subsequent conviction as a persistent felony offender in the first degree.

The Court of Appeals dismissed the appeal without reaching the merits on the basis of Wilson v. Commonwealth, Ky., 403 S.W.2d 710 (1966), because Keltee had completed his...

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