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COM. v. SEARS

No. 2004-SC-0738-DG.

206 S.W.3d 309 (2006)

COMMONWEALTH OF KENTUCKY, Appellant, v. Michael Edward SEARS, Appellee.

Supreme Court of Kentucky.

November 22, 2006.

Attorney(s) appearing for the Case

Gregory D. Stumbo, Attorney General, Robert E. Prather, Criminal Appellate Division, Frankfort, Counsel for Appellant.

Darrell L. Saunders, Corbin, Counsel for Appellee.

Opinion of the Court by Justice WINTERSHEIMER.

This appeal is from an opinion of the Court of Appeals which reversed a conviction of a licensed dentist for allegedly illegally prescribing a controlled substance under KRS 218A.1404. Sears entered a conditional guilty plea and was sentenced to three years, with six months to serve and the remainder probated for three years.

The question presented is whether a licensed dentist has the legal right to prescribe...

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