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CHIPMAN v. COM.

No. 2008-SC-000895-DG.

313 S.W.3d 95 (2010)

Brandi CHIPMAN, Appellant, v. COMMONWEALTH of Kentucky, Appellee.

Supreme Court of Kentucky.

May 20, 2010.

Attorney(s) appearing for the Case

Timothy G. Arnold, Department of Public Advocacy, Frankfort, KY, Counsel for Appellant.

Gregory C. Fuchs, Todd Dryden Ferguson, Assistant Attorney General, Office of Attorney General, Office of Criminal Appeals, Frankfort, KY, Counsel for Appellee.

Opinion of the Court by Justice NOBLE.

This case involves the disposition of a juvenile convicted in circuit court and sentenced as a youthful offender. The Court of Appeals affirmed. This Court granted discretionary review to address two issues: (1) Does KRS 640.040(4) apply to a youthful offender transferred to the circuit court based on her "use of a firearm" under KRS 635.020(4) when she pleads guilty to a lesser included offense, the elements of which do not...

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