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ROSE v. COM.

No. 86-CA-2200-MR.

738 S.W.2d 835 (1987)

David Lee ROSE, Appellant, v. COMMONWEALTH of Kentucky, Appellee.

Court of Appeals of Kentucky.

Discretionary Review Denied by Supreme Court November 17, 1987.

Attorney(s) appearing for the Case

Frank W. Heft, Jr., Chief Appellate Defender of the Jefferson Dist. Public Defender, Louisville (Daniel J. Goyette, Jefferson District Public Defender, of counsel), for appellant.

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

Before CLAYTON, McDONALD and MILLER, JJ.

CLAYTON, Judge.

David Lee Rose appeals from a final judgment imposing a sentence of five (5) years and disallowing credit on the felony sentence for time served on misdemeanor charges committed while on release awaiting trial. We affirm the sentence of the trial court.

In October, 1985, David Lee Rose was indicted for two felony counts. Rose posted bond on the felonies, but while out on release, he committed some misdemeanor offenses. After he was arrested...

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