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MERRICK v. COM.

Nos. 2003-CA-000306-MR, 2003-CA-000990-MR.

132 S.W.3d 220 (2004)

Marlin MERRICK, Appellant, v. COMMONWEALTH of Kentucky, Appellee.

Court of Appeals of Kentucky.

Reconsider Denied April 7, 2004.

Attorney(s) appearing for the Case

Dennis M. Stutsman, Assistant Public Advocate, Frankfort, KY, for Appellant.

Marlin Merrick, Burgin, pro se.

Before BARBER, COMBS, and JOHNSON, Judges.

OPINION AND ORDER

BARBER, Judge.

This matter comes before us in response to an order directing appellant, represented by the Department of Public Advocacy, to show cause why appeal number 2003-CA-000306-MR, prosecuted under the expedited appeal procedure set out in Gabbard v. Lair, Ky., 528 S.W.2d 675 (1975), should not be dismissed as untimely, and upon appellant Merrick's pro se motion for belated...

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