MONTGOMERY v. COM.

Nos. 89-SC-286-MR, 89-SC-315-MR and 89-SC-316-MR.

819 S.W.2d 713 (1991)

Joseph MONTGOMERY, Appellant, v. COMMONWEALTH of Kentucky, Appellee. Robert George SHERMAN, Appellant, v. COMMONWEALTH of Kentucky, Appellee. Ronnie HUDSON, Appellant, v. COMMONWEALTH of Kentucky, Appellee.

Supreme Court of Kentucky.

Rehearing Denied January 16, 1992.


Attorney(s) appearing for the Case

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

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


OPINION OF THE COURT

Appellants, Sherman, Hudson and Montgomery, were charged and convicted of second-degree escape and being first-degree persistent felony offenders. In all three cases the appellant received an enhanced sentence of 20 years imprisonment. They appeal as a matter of right alleging five errors. We reverse and remand on two of the five.

This case arises out of the circumstances surrounding a highly publicized escape by eight inmates from the...

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