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GOURLEY v. COM.

No. 1999-CA-002335-MR.

37 S.W.3d 792 (2001)

Stephen Jonathon GOURLEY, Appellant, v. COMMONWEALTH of Kentucky, Appellee.

Court of Appeals of Kentucky.

February 2, 2001.

Attorney(s) appearing for the Case

Bill Clemons, Department of Public Advocacy, Hazard, KY, Brief and Oral Argument for Appellant.

Albert B. Chandler III, Attorney General of Kentucky, Gregory C. Fuchs, Assistant Attorney General, Frankfort, KY, Brief for Appellee.

Gregory C. Fuchs, Frankfort, KY, Oral Argument for Appellee.

Before GUDGEL, Chief Judge; COMBS and McANULTY, Judges.

OPINION

COMBS, Judge:

The appellant, Stephen Jonathan Gourley (Gourley), appeals from the judgment of the Letcher Circuit Court convicting him of robbery in the first degree and sentencing him to eleven-years' imprisonment. He argues on appeal that the court erred by failing to follow the sentencing procedures set out in Kentucky Revised Statute (KRS) 640.030. Having carefully reviewed the record, we vacate and remand the judgment of the circuit court...

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