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GAITHER v. COM.

Nos. 96-SC-437-MR, 96-SC-438-MR.

963 S.W.2d 621 (1997)

Oliver James GAITHER (a/k/a James Oliver Tucker), Appellant, v. COMMONWEALTH of Kentucky, Appellee. James Oliver GAITHER (a/k/a James Oliver Tucker), Appellant, v. COMMONWEALTH of Kentucky, Appellee.

Supreme Court of Kentucky.

As Modified on Denial of Rehearing April 16, 1998.

Attorney(s) appearing for the Case

Daniel T. Goyette, Jefferson District Public Defender, Frank W. Heft, Jr., Chief Appellate Defender, Jefferson District Public Defender, Louisville, for Appellant.

A.B. Chandler, III, Attorney General, Samuel J. Floyd, Jr., Assistant Attorney General, Criminal Appellate Division, Frankfort, for Appellee.

JOHNSTONE, Justice.

The sole issue we must decide in these appeals is whether KRS 532.110(4) creates an exception to the sentencing limit set forth in KRS 532.110(1)(c). We find that it does.

Appellant was charged in one indictment with possession of a firearm by a convicted felon (a Class C felony); theft by unlawful taking over $300 (a Class D felony); three counts of receiving stolen property over $300 (all Class D felonies); and with being a first-degree...

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