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COMMONWEALTH v. GRIMES

698 S.W.2d 836 (1985)

COMMONWEALTH of Kentucky, Appellant, v. William Allen GRIMES, Appellee.

Supreme Court of Kentucky.

October 31, 1985.

Attorney(s) appearing for the Case

David L. Armstrong, Atty. Gen., Robert V. Bullock, Asst. Atty. Gen., Frankfort, for appellant.

Kathleen Kallaher, Asst. Public Advocate, Dept. of Public Advocacy, Frankfort, for appellee.

WINTERSHEIMER, Justice.

This appeal is from a decision of the Court of Appeals which held that a conviction pursuant to KRS 218A.990(2) could not be enhanced pursuant to the general persistent felony offender statute.

The legal issue presented is whether a sentence pursuant to a conviction of trafficking in a Schedule III controlled substance subsequent offender case under KRS 218A.990(2), may be used as a basis to enhance punishment under the general persistent...

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