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WARE v. COM.

No. 1999-CA-000831-MR.

34 S.W.3d 383 (2000)

Tracy WARE, Appellant, v. COMMONWEALTH of Kentucky, Appellee.

Court of Appeals of Kentucky.

Discretionary Review Denied by Supreme Court January 17, 2001.

Attorney(s) appearing for the Case

Frank W. Heft, Jr., Daniel T. Goyette, Louisville, for Appellant.

Albert B. Chandler, III, Attorney General, Kent T. Young, Assistant Attorney General, Frankfort, for Appellee.

Before: BARBER, JOHNSON and SCHRODER, Judges.

OPINION

BARBER, Judge:

This opinion affirms the trial court's judgment finding that Kentucky law bars Appellant Tracy Ware from consideration for probation following an armed robbery conviction.

Ware entered a guilty plea to committing the offense of robbery in the first degree by taking money from a Big Foot Food Mart while armed with a BB gun. The Commonwealth expressly objected to any probation or pre-sentence release of Ware. The Judgment...

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