COM. v. LUNDERGAN

No. 91-SC-748-DG.

847 S.W.2d 729 (1993)

COMMONWEALTH of Kentucky, Appellant, v. Gerald LUNDERGAN, Appellee.

Supreme Court of Kentucky.

February 18, 1993.


Attorney(s) appearing for the Case

Chris Gorman, Atty. Gen., David A. Sexton, Ian G. Sonego, Asst. Attys. Gen., Frankfort, for appellant.

Anita M. Britton, Stoll, Keenon & Park, Lexington, William E. Johnson, J. Guthrie True, Stoll, Keenon & Park, Frankfort, for appellee.


CAROLYN BRATT, Special Justice.

This Court granted discretionary review to determine the proper classification of an undesignated, non-penal code, criminal offense when the prescribed penalty does not satisfy the Penal Code's definition of either a felony or a misdemeanor. The classification of the offense is dispositive in this case because the indictment was issued more than one year after the date of the appellee's conduct...

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