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NICHOLS v. COM.

No. 2002-SC-0163-MR.

142 S.W.3d 683 (2004)

David R. NICHOLS, Appellant, v. COMMONWEALTH OF KENTUCKY, Appellee.

Supreme Court of Kentucky.

Rehearing Denied September 23, 2004.

Attorney(s) appearing for the Case

Dennis Stutsman, Department of Public Advocacy, Appellate Branch Manager, Frankfort, Counsel for Appellant.

Gregory D. Stumbo, Attorney General, Samuel J. Floyd, Jr., Assistant Attorney General, Office of Attorney General, Criminal Appellate Division, Frankfort, Counsel for Appellee.

Opinion of the Court by Justice KELLER.

I. INTRODUCTION

Appellant, David Nichols, was convicted of Wanton Murder and Assault under Extreme Emotional Disturbance ("EED") and was also found to be a Second-Degree Persistent Felony Offender ("PFO"). The jury recommended a PFO-enhanced sentence of life on the Wanton Murder conviction and a PFO-enhanced sentence of ten (10) years on the Assault under EED conviction. The jury recommended that the sentences run...

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