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COM. v. SCHINDLER

685 S.W.2d 544 (1984)

COMMONWEALTH of Kentucky, Movant, v. Robert SCHINDLER, Respondent.

Supreme Court of Kentucky.

Rehearing Denied March 21, 1985.

Attorney(s) appearing for the Case

Michael L. Williams, Sp. Asst. Atty. Gen., Newport, for movant.

Mott V. Plummer, Newport, for respondent.

J. Vincent Aprile II, Frankfort, for Dept. of Public Advocacy, amicus curiae.

CERTIFICATION OF LAW

LEIBSON, Justice.

Robert Schindler was convicted in Campbell District Court for "failing to render aid and assistance after an accident" in violation of KRS 189.580(1). The jury recommended and the judge imposed the maximum penalty provided for this offense, imprisonment for 365 days and a fine of $2,000. KRS 189.990(1).

Thereafter the trial judge set aside the fine on grounds that, regardless of the penalty expressly provided...

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