HOWARD v. COM.

88-SC-761-MR.

777 S.W.2d 888 (1989)

Thomas HOWARD, Appellant, v. COMMONWEALTH of Kentucky, Appellee.

Supreme Court of Kentucky.

As Corrected September 8 and November 1, 1989.

Rehearing Denied November 9, 1989.


Attorney(s) appearing for the Case

Daniel T. Goyette, of counsel; Frank W. Heft, Jr. Chief Appellate Defender of the Jefferson Dist. Public Defender, Louisville, for appellant.

Frederic J. Cowan, Atty. Gen., Jill Hall, Asst. Atty. Gen., Crim. Appellate Div., Frankfort, for appellee.


OPINION OF THE COURT

On August 31, 1988, appellant entered conditional pleas of guilty to the charges of trafficking in a controlled substance/subsequent offender (KRS 218A.140 and 218A.990 respectively) and of being a persistent felony offender in the first degree (KRS 532.080(3), hereafter PFO 1). The issues preserved for our review pursuant to RCr 8.09 are framed as follows:

I. The trial court should have sustained the appellant's motion to dismiss the...

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