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JOHNSON v. COM.

No. 92-SC-797-MR.

883 S.W.2d 482 (1994)

Cholly JOHNSON, Appellant, v. COMMONWEALTH of Kentucky, Appellee.

Supreme Court of Kentucky.

As Modified May 26, 1994.

Case Ordered Published by Supreme Court May 26, 1994.

Attorney(s) appearing for the Case

Daniel T. Goyette, Jefferson District Public Defender and Bruce P. Hackett, Deputy Appellate Defender of the Jefferson District Public Defender, Louisville, for appellant.

Chris Gorman, Atty. Gen. and E.M. Lowery, Asst. Atty. Gen., Cr. Appellate Div., Frankfort, for appellee.

LAMBERT, Justice.

In Garner v. Commonwealth, Ky., 645 S.W.2d 705 (1983), this Court held that hearsay testimony based on Department of Corrections records was admissible in a persistent felony offender proceeding to prove the defendant's age and parole status, matters which were elements of the crime charged. We relied on the regular business entries exception to the hearsay rule...

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