COMMONWEALTH v. CHURCHWELL

No. 96-CA-423-MR.

938 S.W.2d 586 (1996)

COMMONWEALTH of Kentucky, Appellant, v. Ronald E. CHURCHWELL, Appellee.

Court of Appeals of Kentucky.

Ordered Published February 7, 1997.


Attorney(s) appearing for the Case

A.B. Chandler, III, Attorney General, Lana Grandon, Assistant Attorney General, Frankfort, for Appellant.

Mark Wettle, Louisville, for Appellee.

Before COMBS, EMBERTON and GUDGEL, JJ.


GUDGEL, Judge.

This is an appeal from an order entered by the McCracken Circuit Court in a criminal prosecution. Appellant Commonwealth of Kentucky contends that the trial court erred by dismissing a second-degree persistent felony offender (PFO) indictment against appellee. For the reasons stated hereafter, we agree. Hence, we reverse and remand.

Appellee was indicted in October 1995 on two charges of trafficking in a controlled substance, one charge of trafficking...

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