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HARPER v. COM.

Nos. 2009-CA-002390-MR, 2010-CA-001802-MR.

371 S.W.3d 763 (2012)

Gregory L. HARPER, Appellant, v. COMMONWEALTH of Kentucky, Appellee.

Court of Appeals of Kentucky.

Discretionary Review Denied by Supreme Court August 15, 2012.

Attorney(s) appearing for the Case

Bruce P. Hackett , Louisville, KY, for appellant.

Jack Conway , Attorney General of Kentucky, Susan Roncarti Lenz , Assistant Attorney General, Frankfort, KY, for appellee.

Before CAPERTON, NICKELL, and WINE, Judges.

OPINION

CAPERTON, Judge:

Following a jury conviction for second-degree assault and first-degree unlawful imprisonment, the Appellant Gregory Harper was sentenced to eight years of imprisonment.1 He now appeals the August 10, 2010, order of the Jefferson Circuit Court denying his motion for a new trial based upon the failure of the courtroom recording equipment to produce a record of his

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