OPINION OF THE COURT
Appellant was indicted September 19, 1986, on a charge of murder. At a pre-trial hearing, appellant attacked the constitutionality of KRS 532.055 and KRS 439.3401, and filed proper motion to have these two statutes declared unconstitutional. After hearing, the motion was denied, whereupon appellant entered a plea of guilty to the charge. He advised the court that said plea was a conditional plea, entered pursuant to RCr 8.09, which reads:
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