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WELBORN v. COM.

No. 2002-SC-1071-MR.

157 S.W.3d 608 (2005)

Timothy WELBORN, Appellant, v. COMMONWEALTH OF KENTUCKY, Appellee.

Supreme Court of Kentucky.

March 17, 2005.

Attorney(s) appearing for the Case

Donna Boyce, Assistant Public Advocate, Department of Public Advocacy, Frankfort, Counsel for Appellant.

Gregory D. Stumbo, Attorney General, Gregory C. Fuchs, Assistant Attorney General, Criminal Appellate Division, Frankfort, Counsel for Appellee.

Opinion of the Court by Justice WINTERSHEIMER.

This appeal is from a judgment based on a jury verdict that found Welborn guilty but mentally ill of three counts of first-degree assault and one count of disarming a police officer. He was sentenced to a total of thirty-five years in prison.

The questions presented are whether it was error to submit to the jury three separate charges of first-degree assault; whether it was error to allow the prosecution to play...

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