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BERRY v. COM.

No. 2009-CA-000951-MR.

322 S.W.3d 508 (2010)

James Henry BERRY v. COMMONWEALTH of Kentucky.

Court of Appeals of Kentucky.

September 17, 2010.

Attorney(s) appearing for the Case

Mark G. Hall , Louisville, KY, for appellant.

Jack Conway , Attorney General of Kentucky, Gregory C. Fuchs , Assistant Attorney General, Frankfort, KY, for appellee.

Before TAYLOR, Chief Judge; CLAYTON and THOMPSON, Judges.

OPINION

CLAYTON, Judge.

James Henry Berry appeals from the Jefferson Circuit Court's denial of his fourth collateral motion for a new trial pursuant to Kentucky Rules of Civil Procedure (CR) 60.02. We affirm.

In 1987, James Berry was tried and convicted of murder and of being a persistent felony offender ("PFO"), in the first degree. Berry was sentenced to life for the murder conviction, which was enhanced to two hundred years pursuant to...

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