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DILLINGHAM v. COMMONWEALTH

Nos. 98-SC-428-MR, 98-SC-429-MR.

995 S.W.2d 377 (1999)

Kenneth Ray DILLINGHAM, Appellant, v. COMMONWEALTH of Kentucky, Appellee, Robert Jurell Hicks, Appellant, v. Commonwealth of Kentucky, Appellee.

Supreme Court of Kentucky.

As Corrected July 13, 1999.

Attorney(s) appearing for the Case

Susan Jackson Balliet, Assistant Public Advocate, Department of Public Advocacy, Frankfort, KY, for appellant Dillingham.

David T. Eucker, Assistant Public Advocate, Department of Public Advocacy, Frankfort, KY, for appellant Hicks.

Albert B. Chandler, III, Attorney General of Kentucky, Shawn C. Goodpaster, Assistant Attorney General, Perry T. Ryan, Assistant Attorney General, Frankfort, KY, for appellee.

JOHNSTONE, Justice.

Appellants, Kenneth Ray Dillingham and Robert Jurell Hicks, were convicted respectively of first-degree robbery and complicity to first-degree robbery. Dillingham and Hicks were sentenced to twenty years' imprisonment. We affirm both convictions and Dillingham's sentence. However, because palpable error was committed during the sentencing phase of Hicks's trial, we reverse his sentence and remand for...

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