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BYBEE v. COM.

No. 93-CA-001012-MR.

904 S.W.2d 244 (1994)

Santrice BYBEE, Appellant, v. COMMONWEALTH of Kentucky, Appellee.

Court of Appeals of Kentucky.

Rehearing Granted and Opinion Modified August 18, 1995.

Attorney(s) appearing for the Case

Elizabeth A. Hill, Thomas Louis Conn, Fayette County Legal Aids, Lexington, for appellant.

Chris Gorman, Atty. Gen., Paul D. Gilbert, Asst. Atty. Gen., Crim. Appellate Div., Frankfort, for appellee.

Before LESTER, C.J., and COMBS and JOHNSON, JJ.

OPINION AFFIRMING

JOHNSON, Judge:

Santrice Bybee (Bybee) was convicted of receiving stolen property (Kentucky Revised Statutes (KRS) 514.110). The particular facts of this case are not relevant to the sole issue raised in this appeal, i.e., the constitutionality of KRS 514.110(3).

KRS 514.110, which became effective January 1, 1975, states that:

(1) A person is guilty of receiving stolen property when he receives, retains or disposes...

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