COM. v. LEWIS

Nos. 94-SC-538-DG, 94-SC-817-DG.

903 S.W.2d 524 (1995)

COMMONWEALTH of Kentucky, Appellant. v. Danny LEWIS, Appellee. Danny LEWIS, Appellant, v. COMMONWEALTH of Kentucky, Appellee.

Supreme Court of Kentucky.

As Modified on Denial of Rehearing August 24, 1995.


Attorney(s) appearing for the Case

Frank W. Heft, Jr., Chief Appellate Defender, Jefferson Dist. Public Defender, of counsel, Bruce P. Hackett, Deputy Appellate Defender of the Jefferson Dist. Public Defender, Louisville, for Danny Lewis.

Chris Gorman, Atty. Gen., Sharon Kay Hilborn, Asst. Atty. Gen., Crim. Appellate Div., Frankfort, for the Com.


SPAIN1, Justice.

Danny Lewis was convicted by a jury in Jefferson Circuit Court of two felony counts of fraudulent use of a credit card and was sentenced by the Court to two consecutive five (5) year terms of imprisonment. On appeal to the Court of Appeals as a matter of right, it was held that only one of the two counts could be affirmed, supporting only a five-year sentence. We granted review and now reverse this holding of the Court...

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