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HIDALGO v. COM.

Nos. 2008-SC-000429-MR, 2008-SC-000518-MR.

290 S.W.3d 56 (2009)

Dayron Castellanos HIDALGO, a/k/a Dayron Castellanos, Real Party in Interest, Appellant v. COMMONWEALTH of Kentucky, et al., Appellees. Hon. A.C. McCay Chauvin, Judge, Jefferson Circuit Court, Cross-Appellant v. Commonwealth of Kentucky, et al., Cross-Appellees.

Supreme Court of Kentucky.

As Modified September 11, 2009.

Attorney(s) appearing for the Case

Paul S. Gold, Louisville, KY, Counsel for Dayron Castellanos Hidalgo.

Max Harding Comley, Stewart Christopher Burch, Logan & Gaines, PLLC, Frankfort, KY, Counsel for Hon. A.C. McCay Chauvin.

Jeanne Deborah Anderson, Office of the Attorney General, Office of Criminal Appeals, Frankfort, KY, Teresa Ann Young, Assistant Commonwealth's Attorney, Louisville, KY, Counsel for Commonwealth of Kentucky.

Opinion of the Court by Justice CUNNINGHAM.

On June 22, 2007, Appellant, Dayron Castellanos Hidalgo, a/k/a Dayron Castellanos, and a co-defendant robbed a Cash Express business using a BB gun. Appellant was subsequently indicted on one count of robbery in the first degree. During plea negotiations, the Commonwealth offered to amend the charge to robbery in the second degree if Appellant would refrain from seeking probation or shock probation. At sentencing on January...

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