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JOHNSON v. COM.

Nos. 2001-SC-0245-TG, 2001-SC-0302-TG.

90 S.W.3d 39 (2002)

Dwayne JOHNSON, Appellant, v. COMMONWEALTH of Kentucky, Appellee.

Supreme Court of Kentucky.

As Modified January 13, 2003.

Attorney(s) appearing for the Case

Harry P. Hellings, Jr., Dean A. Pisacano, Hellings & Pisacano, P.S.C., Kimberly A. Brooks, Covington, Counsel for Appellant.

A.B. Chandler, III, Attorney General of Kentucky, Elizabeth A. Heilman, Assistant Attorney General, Criminal Appellate Division, Frankfort, Counsel for Appellee.

Opinion of the Court by Justice JOHNSTONE.

On December 17, 1998, Appellant, Dwayne Johnson, was indicted on two counts of first-degree trafficking in a controlled substance, one count of illegal possession of food stamps, and one count of being a convicted felon in possession of three handguns.

Under the authority of Hubbard v. Commonwealth, Ky., 633 S.W.2d 67 (1982), the...

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