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COM. v. PELFREY

No. 97-SC-853-DG.

998 S.W.2d 460 (1999)

COMMONWEALTH of Kentucky, Appellant, v. Cecil PELFREY, Appellee.

Supreme Court of Kentucky.

Rehearing Denied September 23, 1999.

Attorney(s) appearing for the Case

A.B. Chandler III, Attorney General of Kentucky, Todd D. Ferguson, Assistant Attorney General, Frankfort, for appellant.

Oleh R. Tustaniwsky, Assistant Public Advocate, Department of Public Advocacy, Frankfort, for appellee.

JOHNSTONE, Justice.

The Commonwealth of Kentucky appeals from an opinion of the Kentucky Court of Appeals vacating the sentence of Cecil Pelfrey and remanding the case to the trial court for a new sentencing hearing upon the basis of ineffective assistance of counsel. We reverse.

A Fayette County Grand Jury indicted Cecil Wayne Pelfrey (Pelfrey) on October 11, 1993, and he was subsequently convicted of one count of first-degree sodomy (KRS 510.070) and five...

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