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McMURRAY v. COM.

682 S.W.2d 794 (1985)

Marc Joseph McMURRAY, Appellant, v. COMMONWEALTH of Kentucky, Appellee.

Court of Appeals of Kentucky.

January 11, 1985.

Attorney(s) appearing for the Case

Richard N. Rose, Fayette County Legal Aid, Inc., Lexington, for appellant.

David L. Armstrong, Atty. Gen., Sarah M. Jackson, Asst. Atty. Gen., Frankfort, for appellee.

Before HOWERTON, WILHOIT and DUNN, JJ.

DUNN, Judge.

McMurray appeals from the Fayette Circuit Court's denial of his RCr 11.42 motion to vacate its judgment entered November 16, 1983, setting aside its judgment previously entered October 4, 1983, obviously 10 days after the first judgment. The earlier judgment fixed his punishment at a recommended 1 year imprisonment on his guilty plea to 3rd degree burglary, but withheld imposition of the punishment and sentenced...

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