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  5. 771 S.W.2d 34 (1988)
 

MOORE v. COM.

Nos. 85-SC-101-MR, 86-SC-662-TRG.

771 S.W.2d 34 (1988)

Brian Keith MOORE, Appellant, v. COMMONWEALTH of Kentucky, Appellee. (Two Cases)

Supreme Court of Kentucky.

Rehearing Denied June 29, 1989.

Attorney(s) appearing for the Case

William M. Radigan, Walker, Radigan & Zeller, Louisville, J. Vincent Aprile II, Asst. Public Advocate, Dept. of Public Advocacy, Frankfort, for appellant.

Frederic J. Cowan, Atty. Gen., Cicely Jaracz Lambert, Valerie L. Salven, Asst. Atty. Gen., Frankfort, for appellee.

WINTERSHEIMER, Justice.

Brian Keith Moore appeals from a judgment convicting him of first-degree robbery, kidnapping and capital murder. He was sentenced to death for the murder and received two separate sentences of twenty years for the kidnapping and robbery offenses.

In March 1980, Moore was found guilty of the same offenses and sentenced to death but this Court reversed the conviction and remanded the case for a new trial. Moore v. Commonwealth,

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