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PEAK v. COM.

No. 1999-CA-001949-MR.

34 S.W.3d 80 (2000)

Michael PEAK, Appellant, v. COMMONWEALTH of Kentucky, Appellee.

Court of Appeals of Kentucky.

November 22, 2000.

Attorney(s) appearing for the Case

Elizabeth Shaw, Richmond, KY, for Appellant.

Albert B. Chandler, III, Attorney General, Rickie L. Pearson, Assistant Attorney General, Frankfort, KY, for Appellee.

Before BUCKINGHAM, COMBS, and JOHNSON, Judges.

OPINION

BUCKINGHAM, Judge:

Michael Peak appeals from a judgment of the Butler Circuit Court wherein he was convicted of marijuana cultivation of five or more plants, second offense, in violation of KRS1 218A.1423 and was sentenced to seven years in prison.2 In this appeal, Peak claims that the trial court erred when it refused to allow him to present a medical necessity or lesser evil defense...

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