COM v. JOHNSON

No. 94-SC-588-TG.

910 S.W.2d 229 (1995)

COMMONWEALTH of Kentucky, Appellant, v. Donald Herb JOHNSON, Appellee.

Supreme Court of Kentucky.

Rehearing Denied December 21, 1995.


Attorney(s) appearing for the Case

Chris Gorman, Attorney General, Michael A. Wright, Assistant Attorney General, Special Prosecutions Division, David A. Smith, John E. Swain, Jr., Assistant Attorneys General, Criminal Appellate Division, Frankfort, for appellant.

Michael L. Williams, Kelly A. Gleason, Assistant Public Advocates, Capital Trial Unit, Frankfort, for appellee.


LAMBERT, Justice.

The issue on appeal is whether, upon an unconditional guilty plea, the Commonwealth is entitled to present its case for punishment to a jury for its verdict prior to imposition of final judgment. The trial court held that the Commonwealth was without any such right and this was in accord with appellee's contention. Pursuant to KRS 22A.020, the Commonwealth took an interlocutory appeal and we granted transfer.

On June 17, 1994, appellee Donald...

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