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SHANE v. COM.

No. 2006-SC-000096-MR.

243 S.W.3d 336 (2007)

Timothy Carl SHANE, Appellant v. COMMONWEALTH of Kentucky, Appellee.

Supreme Court of Kentucky.

As Modified April 9, 2008.

Attorney(s) appearing for the Case

Frank W. Heft, Jr. and J. David Niehaus, Jefferson District Public Defenders, Louisville, KY, Counsel for Appellant.

Gregory D. Stumbo, Attorney General, David W. Barr, Assistant Attorney General, Office of Attorney General, Office of Criminal Appeals, Frankfort, KY, Counsel for Appellee.

Opinion of the Court by Justice NOBLE.

Appellant, Timothy Carl Shane, was indicted in Jefferson County, charged with Rape in the First Degree, Sodomy in the First Degree, Burglary in the First Degree, and Persistent Felony Offender in the Second Degree (PFO Second). He was tried by a Jefferson County jury and convicted as charged on the burglary and PFO Second. He was sentenced to a term of twenty years' imprisonment, enhanced to thirty-five years by the PFO Second...

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