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COM. v. RENEER

No. 86-SC-780-CL.

734 S.W.2d 794 (1987)

COMMONWEALTH of Kentucky, Movant, v. John Edgar RENEER, Respondent.

Supreme Court of Kentucky.

As Amended August 6, 1987.

Attorney(s) appearing for the Case

David L. Armstrong, Atty. Gen., Frankfort, John Paul Runyon, Ian Sonego, Sp. Asst. Attys. Gen., Pikeville, for movant.

J. David Niehaus, Frank W. Heft, Jr., Daniel T. Goyette, Jefferson Dist. Public Defenders, Louisville, for amicus curiae.

Mark A. Posnansky, Paul F. Isaacs, Asst. Public Advocates, Frankfort, Samuel R. Conkright, Jr., Asst. Public Advocate, Owensboro, for respondent.

OPINION OF THE COURT CERTIFYING THE LAW

The question is whether or not K.R.S. 532.055 (The Truth in Sentencing Statute) violates Section 28 of the Kentucky Constitution relating to the separation of powers among the separate departments of state government.

K.R.S. 532.055 provides as follows:

"(1) In all felony cases, the jury in its initial verdict will make a determination of not guilty, guilty, guilty but mentally ill, or not guilty by virtue of...

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