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HARRISON v. COM.

Nos. 91-CA-1265-MR, 91-CA-1276-MR.

842 S.W.2d 531 (1992)

Ricky HARRISON, Appellant, v. COMMONWEALTH of Kentucky, Appellee. Eugene SMITH, Appellant, v. COMMONWEALTH of Kentucky, Appellee.

Court of Appeals of Kentucky.

Discretionary Review Denied by Supreme Court January 13, 1993.

Attorney(s) appearing for the Case

Marguerite Neill Thomas, Asst. Public Advocate, Frankfort, for appellants.

Chris Gorman, Atty. Gen., Todd D. Ferguson, Laura Early, Asst. Attys. Gen., Frankfort, for appellee.

PER CURIAM:

These appeals are from the denial of RCr 11.42 relief in which the appellants argue that persistent felony offender enhancement under KRS 532.080 is not applicable to violations of Chapter 218A, the Controlled Substance Act. Appellants pled guilty to trafficking in a controlled substance (cocaine) and to being persistent felony offenders in the second degree. They rely primarily upon the decision in Offutt v. Commonwealth, Ky.,

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