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COM. v. GADD

665 S.W.2d 915 (1984)

COMMONWEALTH of Kentucky, Movant, v. Jerry Nolan GADD, Respondent.

Supreme Court of Kentucky.

March 8, 1984.

Attorney(s) appearing for the Case

Steven L. Beshear, Atty. Gen., Robert V. Bullock, Asst. Atty. Gen., Frankfort, for movant.

Rebecca Westerfield, Asst. Public Advocate, Louisville, for respondent.

WINTERSHEIMER, Justice.

This appeal is from that part of a decision of the Court of Appeals which reversed Gadd's conviction of being a persistent felony offender in the first degree and directed that he be given a new trial on that phase of his sentence. He was found guilty of theft by unlawful taking of over $100 and as a persistent felony offender in the first degree. He was sentenced to ten years in prison.

The sole question here is a review of that portion...

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