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  5. 805 S.W.2d 126 (1991)
 

TYLER v. COM.

No. 90-SC-471-MR.

805 S.W.2d 126 (1991)

James Robert TYLER, Appellant, v. COMMONWEALTH of Kentucky, Appellee.

Supreme Court of Kentucky.

March 14, 1991.

Attorney(s) appearing for the Case

C. McGehee Isaacs, Cincinnati, Ohio, for appellant.

Frederic J. Cowan, Atty. Gen., Gregory C. Fuchs, Asst. Atty. Gen., Frankfort, for appellee.

LEIBSON, Justice.

Appellant was convicted of second-degree assault, for which he was sentenced to a term of ten years, and of promoting contraband in the first degree for which he was sentenced to a term of three years. Each of these sentences was then enhanced as a persistent felony offender in the first degree. We affirm the convictions and sentences for the underlying offenses, but vacate the enhanced sentences as a PFO I, for reasons that follow.

Both...

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