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DAVIS v. MANIS

No. 91-SC-089-MR.

812 S.W.2d 505 (1991)

Orta Wayne DAVIS, Appellant, v. Calvin N. MANIS, Judge, Perry Circuit Court, Appellee.

Supreme Court of Kentucky.

As Modified on Grant of Rehearing August 29, 1991.

Attorney(s) appearing for the Case

Debra A. Catron, Hazard, for appellant.

Calvin N. Manis, Judge, Perry Circuit Court, Alva A. Hollon, Jr., Commonwealth Atty., Hazard, for appellee.

OPINION OF THE COURT AND ORDER GRANTING WRIT OF PROHIBITION

This matter of right appeal is from the Court of Appeals denial of appellant's petition for writ of prohibition. In the court below, appellant sought to prohibit the trial court from retrying that portion of the indictment which accused appellant of being a persistent felony offender.

In Commonwealth v. Hayes, Ky., 734 S.W.2d 467 (1987), this Court held...

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