COM. v. BAILEY


721 S.W.2d 706 (1986)

COMMONWEALTH of Kentucky, Movant, v. Lowell T. BAILEY, Respondent.

Supreme Court of Kentucky.

Rehearing Denied January 22, 1987.


Attorney(s) appearing for the Case

David L. Armstrong, Atty. Gen., Frankfort, Paul W. Richwalsky, Jr., Asst. Atty. Gen., for movant.

James P. Benassi, Appellate Public Advocate, Frankfort, for respondent.


GANT, Justice.

Respondent was indicted on four counts of theft by deception of over $100. He entered a plea of guilty to each count and was sentenced to four terms of three years each, to be served concurrently, and concurrently with an additional sentence respondent was serving from the Fayette Circuit Court. The offenses involved four worthless checks totalling $1,830.80.

Inasmuch as respondent was ineligible for probation, the Commonwealth sought to invoke...

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