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COM. v. BURNETTE

No. 92-SC-161-DG.

875 S.W.2d 865 (1994)

COMMONWEALTH of Kentucky, Appellant, v. Ward BURNETTE, John D. Wolf and John Kelly, Appellees.

Supreme Court of Kentucky.

Rehearing Denied June 23, 1994.

Attorney(s) appearing for the Case

Chris Gorman, Atty. Gen., Michael L. Harned, Asst. Atty. Gen., Crim. Appellate Div., Frankfort, for appellant.

M. Gail Robinson, Kevin M. McNally, Frankfort, for appellee, Burnette.

William E. Johnson, Richard M. Guarnieri, David C. Schwetschenau, Stoll, Keenon & Park, Frankfort, for appellee, Wolf.

Frank E. Haddad, Jr., Louisville, for appellee, Kelly.

LEIBSON, Justice.

Ward Burnette and John D. Wolf were convicted in the Franklin Circuit Court of theft by deception and were sentenced to fines of $5,000 for their part in deceiving the Commonwealth into paying $5,435.79 for two unauthorized chartered airplane flights taken in December, 1987. John Kelly was convicted of complicity to theft by deception and sentenced to a fine of $2,500 for his part in promoting the deception. These convictions were reversed by the...

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