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FITZGERALD v. COM.

No. 2003-CA-002216-DG.

148 S.W.3d 817 (2004)

Leonard FITZGERALD, Appellant, v. COMMONWEALTH of Kentucky, Appellee.

Court of Appeals of Kentucky.

October 22, 2004.

Attorney(s) appearing for the Case

Astrida Liana Lemkins, Department of Public Advocacy, Frankfort, KY, for appellant.

Gregory D. Stumbo, Attorney General, Natalie Lynn Lewellen, Assistant Attorney General, Frankfort, KY, for appellee.

Before DYCHE, GUIDUGLI and McANULTY, Judges.

OPINION

GUIDUGLI, Judge.

This Court granted Leonard Fitzgerald's motion for discretionary review in order to address his argument concerning the minimal number of jurors to be seated in a trial and the Commonwealth's waiver of a peremptory challenge. Having thoroughly reviewed the parties' arguments, applicable case law, criminal rules and statutory law, we affirm.

The facts are not in dispute. Fitzgerald had been charged with operating a...

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