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COM. v. BERRY

No. 2003-SC-0357-DG, 2004-SC-0231-DG.

184 S.W.3d 63 (2005)

COMMONWEALTH of Kentucky, Appellant, v. Gregory A. BERRY, Appellee, and Gregory A. Berry, Appellant, v. Commonwealth Of Kentucky, Appellee.

Supreme Court of Kentucky.

As Modified on Denial Rehearing February 23, 2006.

Attorney(s) appearing for the Case

Gregory D. Stumbo, Attorney General, Louis F. Mathias, Jr., Office of the Attorney General, Assistant Attorney General, Criminal Appellate Division, Frankfort, Counsel for Commonwealth.

Timothy G. Arnold, Department of Public Advocacy, Frankfort, Counsel for Gregory A. Berry.

Opinion of the Court by Justice GRAVES.

I. Facts and Procedural History

Appellant, Gregory A. Berry, was convicted of second degree assault and being a persistent felony offender (PFO) in the first degree. The trial court entered judgment in accordance with the jury verdict and imposed the jury-recommended minimum sentence of ten years. Berry's conviction stemmed from an altercation with his former in-laws, Howard...

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