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CAMPBELL v. COM.

No. 2008-CA-001881-MR.

316 S.W.3d 315 (2009)

James CAMPBELL., Appellant, v. COMMONWEALTH of Kentucky, Appellee.

Court of Appeals of Kentucky.

Rehearing Denied December 17, 2009.

Discretionary Review Denied by Supreme Court August 18, 2010.

Attorney(s) appearing for the Case

James K. Campbell, Lexington, KY, pro se.

Jack Conway, Attorney General of Kentucky, Joshua D. Farley, Assistant Attorney General, Frankfort, KY, for appellee.

Before CAPERTON, DIXON and TAYLOR, Judges.

OPINION

CAPERTON, Judge.

James Campbell appeals the denial by the Fayette Circuit Court of his Kentucky Rules of Civil Procedure (CR) 60.02 motion to correct his sentence in light of the recent Kentucky Supreme Court opinion of Peyton v. Commonwealth, 253 S.W.3d 504 (Ky.2008).1 Campbell argues that he was entitled to relief and an evidentiary hearing under CR 60.02 as his...

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