MILLER v. COM.

No. 2010-SC-000562-MR.

394 S.W.3d 402 (2011)

James L. "Hopsing" MILLER, Appellant v. COMMONWEALTH of Kentucky, Appellee.

Supreme Court of Kentucky.

December 22, 2011.


Attorney(s) appearing for the Case

Emily Holt Rhorer , Department of Public Advocacy, Frankfort, KY, for appellant.

Jack Conway , Attorney General of Kentucky, Joshua D. Farley , Assistant Attorney General, Attorney General's Office, Office of Criminal Appeals, Frankfort, KY, for appellee.


Opinion of the Court by Justice ABRAMSON.

In 2006, Appellant James Miller was convicted of possession of a controlled substance in the first degree and being a persistent felony offender in the first degree (PFO I), for which he received a twenty-year prison sentence. Finding error on appeal, this Court remanded the case for a new penalty phase wherein the jury again sentenced Miller to twenty years in prison. Appealing to this Court as a matter of right, Miller claims...

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