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JONES v. COM.

No. 2007-SC-000922-DG.

319 S.W.3d 295 (2010)

Larry Thomas JONES and Gerald Henley, Appellants, v. COMMONWEALTH of Kentucky, Appellee.

Supreme Court of Kentucky.

As Modified on Denial of Rehearing September 23, 2010.

Attorney(s) appearing for the Case

Donald H. Morehead , Louisville, KY, Jamesa J. Drake , Assistant Public Advocate, Frankfort, KY, Counsel for Appellants.

Jack Conway , Attorney General, David W. Barr , Courtney J. Hightower , Assistant Attorneys General, Office Of Attorney General Criminal Appellate Division, Frankfort, KY, Counsel for Appellee.

Opinion of the Court by Justice SCHRODER.

Before this Court are two consolidated cases from the Court of Appeals with the same issue: whether KRS 532.043(5) violates the separation of powers doctrine of Sections 27 and 28 of the Kentucky Constitution by giving the judicial branch, rather than the executive branch, the power to revoke conditional discharge imposed after a period of incarceration.1

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