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THOMAS v. COM.

No. 2002-SC-0021-DG.

153 S.W.3d 772 (2004)

Flaminto THOMAS, Appellant, v. COMMONWEALTH OF KENTUCKY, Appellee.

Supreme Court of Kentucky.

Rehearing Denied February 17, 2005.

Attorney(s) appearing for the Case

Irvin Halbleib, Jr., Louisville, Counsel for Appellant.

Gregory D. Stumbo, Attorney General, Courtney J. Hightower, Assistant Attorney General, Criminal Appellate Division, Frankfort, Counsel for Appellee.

Opinion of the Court by Justice COOPER.

Appellant, Flaminto Thomas, and his wife, Dellithi Thomas, were convicted by a McCracken Circuit Court jury of criminal abuse in the second degree. KRS 508.110. Appellant was sentenced to three years in prison enhanced to seventeen years upon the jury's additional verdict that he was a persistent felony offender (PFO) in the first degree. KRS 532.080(3). The Court of Appeals affirmed his criminal abuse conviction but reversed...

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