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HAMM v. COM.

No. 2010-CA-000395-MR.

367 S.W.3d 605 (2012)

Robert HAMM, Appellant, v. COMMONWEALTH of Kentucky, Appellee.

Court of Appeals of Kentucky.

May 11, 2012.

Attorney(s) appearing for the Case

Robert C. Yang, Assistant Public Advocate, Frankfort, KY, for appellant.

Jack Conway, Attorney General of Kentucky, Joshua D. Farley, Assistant Attorney General, Frankfort, KY, for appellee.

Before LAMBERT, THOMPSON, and VANMETER, Judges.

OPINION

LAMBERT, Judge:

Robert Hamm has appealed from the order of the Boyd Circuit Court revoking his pretrial diversion and imposing a forty-eight-month sentence. The Commonwealth concedes that the circuit court's revocation was improper in light of the Supreme Court of Kentucky's recent ruling in Commonwealth v. Marshall, 345 S.W.3d 822 (Ky.2011). Because we agree with both Hamm and the Commonwealth, we...

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