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COM. v. GRIDER

No. 2010-CA-001484-MR.

390 S.W.3d 803 (2012)

COMMONWEALTH of Kentucky, Appellant v. Eric GRIDER, Appellee.

Court of Appeals of Kentucky.

Discretionary Review Denied by Supreme Court February 13, 2013.

Attorney(s) appearing for the Case

Jack Conway , Attorney General of Kentucky, M. Brandon Roberts (argued), Assistant Attorney General, Frankfort, KY, for Appellant.

Joel Smith , Jamestown, KY, Kent Wicker (argued), Louisville, KY, for Appellee.

Kembra Sexton Taylor , Frankfort, KY, Amicus Curiae for Commonwealth of Kentucky, Board of Pharmacy.

Before COMBS and MOORE, Judges; LAMBERT, Senior Judge.

OPINION AND ORDER

MOORE, Judge:

The Commonwealth of Kentucky appeals the order of the Franklin Circuit Court dismissing the indictment against Eric Grider. Grider, in turn, has filed a motion to dismiss this appeal. After a careful review of the record, we affirm the circuit court's order because Grider had no choice in moving to dismiss the indictment due to the Commonwealth's failure to inform him of a key component of the charges against him until...

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