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COM. v. BUSTAMONTE

No. 2003-CA-000502-MR.

140 S.W.3d 581 (2004)

COMMONWEALTH of Kentucky, Appellant, v. Jose Antonio BUSTAMONTE, Appellee.

Court of Appeals of Kentucky.

Case Ordered Published by Court of Appeals July 9, 2004.

As Modified July 23, 2004.

Attorney(s) appearing for the Case

A.B. Chandler, III, Attorney General, Joseph T. Bouvier, Special Assistant Attorney General, Frankfort, KY, for Appellant.

No appellee brief.

Before GUIDUGLI, JOHNSON and MINTON, Judges.

OPINION

GUIDUGLI, Judge.

The Commonwealth of Kentucky appeals from an order of the Fayette Circuit Court reducing the sentence of Jose Antonio Bustamonte (hereinafter "Bustamonte") upon finding a reason of extraordinary nature justifying relief under CR 60.02(f). For the reasons stated herein, we reverse.

On June 22, 2001, Bustamonte entered a plea of guilty in Fayette Circuit Court to two amended misdemeanor charges of theft by failure to...

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