CLAYBORN v. COM.


701 S.W.2d 413 (1985)

Cecil CLAYBORN, Appellant, v. COMMONWEALTH of Kentucky, Appellee.

Court of Appeals of Kentucky.

December 13, 1985.


Attorney(s) appearing for the Case

J. Vincent Aprile, II, Asst. Public Advocate, Frankfort, for appellant.

David L. Armstrong, Atty. Gen., Joseph R. Johnson, Asst. Atty. Gen., Frankfort, for appellee.

Before COMBS, MILLER and WILHOIT, JJ.


COMBS, Judge.

This is an appeal from a judgment of the Bullitt Circuit Court, revoking appellant's conditional probation and sentencing him to five years' imprisonment.

In November of 1979, appellant was convicted of second-degree assault and sentenced to five years' confinement in the penitentiary. The trial court refused to probate appellant's sentence in the final judgment, and we affirmed his conviction on appeal. Appellant then filed a KRS 439.265 motion...

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