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BATES v. COM.

No. 2003-CA-001668-MR.

145 S.W.3d 845 (2004)

Robert Lee BATES, Appellant, v. COMMONWEALTH of Kentucky, Appellee.

Court of Appeals of Kentucky.

Case Ordered Published by Court of Appeals September 17, 2004.

As Modified October 15, 2004.

Attorney(s) appearing for the Case

Linda Roberts Horsman, Frankfort, KY, for appellant.

Gregory D. Stumbo, Attorney General, James Havey, Assistant Attorney General, Frankfort, KY, for appellee.

Before GUIDUGLI and KNOPF, Judges; EMBERTON, Senior Judge.

OPINION

THOMAS D. EMBERTON, Senior Judge, (Assigned).

Robert Bates was convicted of escape in the second degree and being a persistent felony offender in the second degree. The sole issue on appeal is whether the trial court erroneously failed to give a duress instruction. We find that the evidence did not warrant the instruction and affirm.

Bates was lodged in the Breckinridge County Jail charged with theft by unlawful taking and criminal...

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