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HUTSON v. COM.

No. 2002-CA-001603-MR.

171 S.W.3d 743 (2005)

Joseph HUTSON, Appellant, v. COMMONWEALTH of Kentucky, Appellee.

Court of Appeals of Kentucky.

August 26, 2005.

Attorney(s) appearing for the Case

Elizabeth R. Stovall, Assistant Public Advocate, Department of Public Advocacy, LaGrange, KY, for Appellant.

Albert B. Chandler, III, Attorney General of Kentucky, Brian T. Judy, Assistant Attorney General, Frankfort, KY, for Appellee.

Before SCHRODER and TAYLOR, Judges; HUDDLESTON, Senior Judge.

OPINION

TAYLOR, Judge.

This matter is before the Court on remand by the Kentucky Supreme Court per order dated September 16, 2004. The Supreme Court vacated our opinion entered October 31, 2003, and ordered us to reach the merits of the above-styled appeal. After having considered the merits, we reverse and remand.

On July 23, 1998, appellant was indicted upon the charge of first-degree sodomy. He was arraigned on August 18, 1998, and entered...

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