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BROWN v. COM.

No. 89-SC-97-DG.

788 S.W.2d 500 (1990)

Terry Lee BROWN, Appellant, v. COMMONWEALTH of Kentucky, Appellee.

Supreme Court of Kentucky.

April 26, 1990.

Attorney(s) appearing for the Case

Marie Allison, Asst. Public Advocate, Dept. of Public Advocacy, Frankfort, for appellant.

Frederic J. Cowan, Atty. Gen., Robert W. Hensley, Asst. Atty. Gen., Criminal Appellate Div., Frankfort, for appellee.

COMBS, Justice.

On September 4, 1986, this Court affirmed appellant's conviction of two counts of first-degree rape of his ten-year-old step-daughter, for which he received two consecutive twenty-year sentences for a total of forty years in prison. In January 1987, appellant filed a RCr 11.42 motion to vacate. A hearing was held on this motion. In May 1987, appellant filed a supplemental RCr 11.42 motion as well as a CR 60.02 motion. These motions were overruled by...

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