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OFFUTT v. COM.

No. 89-SC-18-MR.

799 S.W.2d 815 (1990)

Juan OFFUTT, Appellant, v. COMMONWEALTH of Kentucky, Appellee.

Supreme Court of Kentucky.

As Modified on Grant of Rehearing November 29, 1990.

Attorney(s) appearing for the Case

Daniel T. Goyette, Jefferson Dist. Public Defender, J. David Niehaus, Deputy Appellate Defender, Louisville, for appellant.

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

COMBS, Justice.

Offutt was indicted for murder (KRS 507.020) and as a persistent felony offender (KRS 532.080). He was found guilty of wanton murder, for which his sentence was fixed at thirty years' imprisonment. Upon finding the defendant to be a persistent felony offender in the second degree, the jury enhanced the penalty to fifty years. Offutt does not challenge the murder conviction, but seeks dismissal of the PFO count and a new sentencing hearing.

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