COM. v. HALSELL

Nos. 95-SC-846-TG, 95-SC-951-MR and 95-SC-913-MR.

934 S.W.2d 552 (1996)

COMMONWEALTH of Kentucky, Appellant, v. Montez HALSELL, Appellee. Arick WILLIAMS, Appellant, v. COMMONWEALTH of Kentucky, Appellee. COMMONWEALTH of Kentucky, Appellant, v. Boris WILLIAMS, Appellee.

Supreme Court of Kentucky.

As Amended November 26, 1996.


Attorney(s) appearing for the Case

Frank W. Heft, Jr., Chief Appellate Defender of the Jefferson District Public Defender, J. David Niehaus, Deputy Appellate Defender of the Jefferson District Public Defender, Louisville, for Montez Halsell.

Daniel T. Goyette, Jefferson District Public Defender, J. David Niehaus, Deputy Appellate Defender of the Jefferson District Public Defender, Louisville, for Arick Williams and Boris Williams.

A.B. Chandler, III, Attorney General, Office of the Attorney General, Criminal Appellate Division, Frankfort, Stockard R. Hickey, III, Special Assistant Attorney General, Louisville, for Commonwealth of Kentucky.


CHARLES J. CRONAN, IV, Special Justice.

The 1994 Kentucky General Assembly amended KRS 635.020(4) by adding language to require that a child over the age of 14 charged with a felony involving the use of a firearm "shall be tried in the circuit court as an adult defendant and shall be subject to the same penalties as an adult defendant.. . ." This statutory amendment has led to the two issues raised in these consolidated appeals. First, we must determine whether KRS...

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