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MILLER v. COM.

No. 2007-SC-000048-TG.

283 S.W.3d 690 (2009)

Frederick MILLER, Appellant, v. COMMONWEALTH of Kentucky, Appellee.

Supreme Court of Kentucky.

May 21, 2009.

Attorney(s) appearing for the Case

Shannon Renee Dupree, Assistant Public Advocate, Department of Public Advocacy, Frankfort, KY, Counsel for Appellant.

Jack Conway, Attorney General of Kentucky, David A. Smith, Assistant Attorney General, Office of the Attorney General, Office of the Criminal Appeals, Frankfort, KY, Counsel for Appellee.

Opinion of the Court by Justice SCOTT.

Appellant, Frederick Miller, appeals his convictions of four (4) counts of third-degree rape and one (1) count of third-degree sodomy enhanced by one (1) count of being a Persistent Felony Offender (PFO), first-degree, as a matter of right. Ky. Const. § 110(2)(b). He was sentenced to twenty (20) years imprisonment.

BACKGROUND

Appellant was charged with one (1) count of first-degree rape, seven (7) counts...

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