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PHILLIPS v. COM.

679 S.W.2d 235 (1984)

Michael PHILLIPS, Appellant, v. COMMONWEALTH of Kentucky, Appellee.

Supreme Court of Kentucky.

November 15, 1984.

Attorney(s) appearing for the Case

Mark A. Posnansky, Louisville, for appellant.

David L. Armstrong, Atty. Gen., David K. Martin, Asst. Atty. Gen., Frankfort, for appellee.

GANT, Justice.

Appellant, Michael Phillips, was convicted in the Pike Circuit Court of second-degree burglary, receiving stolen property over $100, and first-degree rape. After a finding that Phillips was a first-degree persistent felon, his sentence was enhanced to 40 years' imprisonment. Phillips appeals from the judgment of the Pike Circuit Court as a matter of right. We affirm.

On or about August 7, 1982, some person(s) entered Patricia Elswick's apartment...

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