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MARTIN v. COM.

98-SC-0374-MR.

13 S.W.3d 232 (1999)

Eddie L. MARTIN, Appellant, v. COMMONWEALTH of Kentucky, Appellee.

Supreme Court of Kentucky.

As Modified on Denial of Rehearing February 24, 2000.

Attorney(s) appearing for the Case

Julie Namkin, Assistant Public Advocate, Department of Public Advocacy, Frankfort, for Appellant.

A.B. Chandler III, Attorney General, John E. Zak, Assistant Attorney General, Criminal Appellate Division, Frankfort, for Appellee.

WINTERSHEIMER, Justice.

This appeal is from a judgment based on a jury verdict which convicted Martin of one count of second degree escape and one count of being a first degree persistent felony offender. He was sentenced to a total of twenty years in the penitentiary.

The sole issue is whether a directed verdict of acquittal should have been granted on the first degree persistent felony offender charge.

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