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FUGETT v. COM.

No. 2006-SC-000051-MR.

250 S.W.3d 604 (2008)

Isiah FUGETT, Appellant, v. COMMONWEALTH of Kentucky, Appellee.

Supreme Court of Kentucky.

April 24, 2008.

Attorney(s) appearing for the Case

Daniel T. Goyette, Louisville Metro Public Defender, Frank William Heft, Jr., Elizabeth B. McMahon, Office of the Jefferson District Public Defender, Louisville, KY, Counsel for Appellant.

Jack Conway, Attorney General, James C. Shackelford, Assistant Attorney General, Office of Criminal Appeals, Attorney General's Office, Frankfort, KY, Counsel for Appellee.

Opinion of the Court by Justice SCOTT.

I. Introduction

Isiah Fugett was convicted of two counts of Manslaughter in the Second Degree, Kentucky Revised Statute (KRS) 507.040, and one count of Tampering with Physical Evidence. KRS 524.100. By agreement with the Commonwealth, Fugett was sentenced to thirty (30) years in prison. Appealing to this Court as a matter of right, Kentucky Constitution § 110(2)(b), Fugett argues the circuit court erred by: (1...

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