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COM. v. PARTEE

No. 2002-SC-0111-DG.

122 S.W.3d 572 (2003)

COMMONWEALTH of Kentucky, Appellant, v. Larry PARTEE, Appellee.

Supreme Court of Kentucky.

December 18, 2003.

Attorney(s) appearing for the Case

Albert B. Chandler III, Attorney General of Kentucky, Dennis W. Shepherd, Assistant Attorney General, Criminal Appellate Division, Office of the Attorney General, Frankfort, Counsel for Appellant.

Elizabeth Shaw, Richmond, Counsel for Appellee.

LAMBERT, Chief Justice.

Appellee was indicted for the offenses of burglary in the third degree, theft by unlawful taking of property of a value of $300 or more, and of being a persistent felony offender (PFO) in the first degree. He was found guilty of burglary in the third degree, but not guilty of theft by unlawful taking. Appellee waived jury sentencing in exchange for dismissal of the PFO charge, and he was sentenced to a term of five years imprisonment. We granted...

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