CARTER v. COM.

No. 88-SC-172-MR.

782 S.W.2d 597 (1989)

Claude Earn CARTER, Appellant, v. COMMONWEALTH of Kentucky, Appellee.

Supreme Court of Kentucky.

Rehearing Denied February 8, 1990.

As Modified February 8, 1990.


Attorney(s) appearing for the Case

Julie Namkin, Dept. of Public Advocacy, Frankfort, for appellant.

Frederic J. Cowan, Atty. Gen., Carol C. Ullerich, Asst. Atty. Gen., Criminal Appellate Div., Frankfort, for appellee.


LEIBSON, Justice.

Claude Carter was convicted in the Logan Circuit Court of possession of marijuana and trafficking in LSD. He was sentenced to five years imprisonment for the marijuana conviction, and ten years imprisonment for the LSD conviction. Both sentences were enhanced to terms of thirteen years, a total of twenty-six years, as a first-degree persistent felony offender.

The principal issues raised on appeal involve taking and admitting into evidence...

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