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PHILLIPS v. COM.

Nos. 1997-SC-0519-MR, 1997-SC-0536-MR.

17 S.W.3d 870 (2000)

Jonathan Leigh PHILLIPS, Appellant, v. COMMONWEALTH of Kentucky, Appellee. John Demarco Johnson, Appellant, v. Commonwealth of Kentucky, Appellee.

Supreme Court of Kentucky.

Rehearing Denied June 15, 2000.

Attorney(s) appearing for the Case

John Palombi, Assistant Public Advocate, Department of Public Advocacy, Frankfort, for appellant Jonathan Leigh Phillips.

A.B. Chandler, III, Attorney General, Frankfort, Gregory C. Fuchs, Assistant Attorney General, Office of Attorney General, Criminal Appellate Division, Frankfort, for appellee Commonwealth of Kentucky.

V. Gene Lewter, Fayette County Legal Aid, Inc., Lexington, for appellant John DeMarco Johnson.

A.B. Chandler, III, Attorney General, Frankfort, Ian G. Sonego, Assistant Attorney General, Office of Attorney General, Criminal Appellate Division, Frankfort, for appellee Commonwealth of Kentucky.

COOPER, Justice.

On Thanksgiving Day, November 28, 1996, seventeen-year-old Natasha Yates was shot and killed during an exchange of gunfire between Appellants Jonathan Leigh Phillips and John DeMarco Johnson. Following a joint trial in the Fayette Circuit Court, both Phillips and Johnson were convicted of wanton murder, KRS 507.020(1)(b), and each was sentenced to twenty-five years in prison. Phillips was also convicted...

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