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HAMILTON v. COMMONWEALTH

Nos. 2009-CA-000949-MR, 2009-CA-000950-MR

FRANK D. HAMILTON, APPELLANT, v. COMMONWEALTH OF KENTUCKY, APPELLEE, AND HEATHER R. COLE, APPELLANT. COMMONWEALTH OF KENTUCKY, APPELLE.

Court of Appeals of Kentucky.

September 24, 2010.

Attorney(s) appearing for the Case

D. Randall Jewell , Barbourville, Kentucky, BRIEF FOR APPELLANTS.

Jack Conway , Attorney General of Kentucky, James C. Shackelford , Assistant Attorney General, Frankfort, Kentucky, BRIEF FOR APPELLEE.

BEFORE: CLAYTON AND COMBS, JUDGES; LAMBERT, SENIOR JUDGE.

OPINION

CLAYTON, Judge.

Appellants, Frank Hamilton and Heather Cole, appeal their convictions of trafficking in buprenorphine in the Knox Circuit Court. For the reasons that are discussed below, we remand this case to the trial court.2

BACKGROUND INFORMATION

Hamilton and Cole were both arrested for selling Suboxone, a synthetic opiate that consists of buprenorphine and naloxone. They both offered the same defense...

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