RUSHIN v. COM.

No. 94-CA-002863-MR.

931 S.W.2d 456 (1996)

Evans RUSHIN III a/k/a "Rush", Appellant, v. COMMONWEALTH of Kentucky, Appellee.

Court of Appeals of Kentucky.

Discretionary Review Denied by Supreme Court November 13, 1996.


Attorney(s) appearing for the Case

Susan J. Balliet, Prospect, for Appellant.

A.B. Chandler, III, Attorney General, Ian G. Sonego, Assistant Attorney General, Frankfort, for Appellee.

Before HUDDLESTON, KNOPF and MILLER, JJ.


HUDDLESTON, Judge.

Evans Rushin III appeals from a judgment and order imposing a five-year sentence for each of two counts of first-degree trafficking in a controlled substance to run concurrently. On appeal, we are confronted with two similar statutes, Ky.Rev.Stat. (KRS) 440.450 and KRS 500.110, both providing for a "trial within. . . [180] days after [a prisoner] shall have caused to be delivered to the prosecuting officer and the appropriate court of the prosecuting...

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