Larry HOWELL, Appellant,
v.
COMMONWEALTH of Kentucky, Appellee, and
Commonwealth of Kentucky; Commonwealth's Attorney's Office for the Sixteenth Judicial Circuit; and Northern Kentucky Drug Strike Force, Appellants,
v.
Douglas M. Stephens, Judge, Kenton Circuit Court (Second Division); Department of Public Advocacy, Commonwealth of Kentucky; Larry E. Howell; and Finance and Administration Cabinet, Commonwealth of Kentucky, Appellees,
Supreme Court of Kentucky.https://leagle.com/images/logo.png
May 19, 2005.
May 19, 2005.
Attorney(s) appearing for the Case
Shelly R. Fears, Assistant Public Advocate, Department of Public Advocacy, Frankfort, Counsel for Appellant Larry Howell (2002-SC-1064-MR).
Gregory D. Stumbo, Attorney General, David A. Smith, Assistant Attorney General, Office of Attorney General, Criminal Appellate Division, Frankfort, Counsel for Appellee Commonwealth of Kentucky (2002-SC-1064-MR).
Gregory D. Stumbo, Attorney General, David A. Smith, Kent T. Young, Assistant Attorneys General, Office of Attorney General, Criminal Appellate Division, Frankfort, Counsel for Appellants Commonwealth of Kentucky; Commonwealth's Attorney's Office for the Sixteenth Judicial Circuit; and Northern Kentucky Drug Strike Force (2003-SC-0219-TG).
Douglas Stephens, pro se, Judge, Kenton Circuit Court, Covington, Counsel for Appellee Douglas M. Stephens, Judge, Kenton Circuit Court (Second Division) (2003-SC-0219-TG).
Larry D. Beale, Department of Public Advocacy, Frankfort, Dennis Stutsman, Lexington, Counsel for Appellee Department of Public Advocacy, Commonwealth of Kentucky (2003-SC-0219-TG).
Larry E. Howell, pro se, Luther Luckett Correctional Complex, La Grange, Counsel for Appellee Larry E. Howell (2003-SC-0219-TG).
M. Holliday Hopkins, Finance and Administration Cabinet, Frankfort, Counsel for Appelee Finance and Administration Cabinet, Commonwealth of Kentucky (2003-SC-0219-TG).
Supreme Court of Kentucky.
Opinion of the Court by Justice COOPER.
On October 30, 2002, a Kenton Circuit Court jury convicted Appellant, Larry Howell, of trafficking in a controlled substance in or near a school, KRS 218A. 1411, and of unlawful transaction with a minor in the second degree, KRS 530.065, both Class D felonies, and of being a persistent felony offender in the first degree (PFO I), KRS 532.080(3). By final judgment of November 13, 2002, Appellant was sentenced to twenty years...
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