No. 2009-CA-001134-MR.

382 S.W.3d 69 (2012)

Amadou MBAYE, Appellant, v. COMMONWEALTH of Kentucky, Appellee.

Court of Appeals of Kentucky.

As Modified October 26, 2012.

Attorney(s) appearing for the Case

Steven Buck , Assistant Public Advocate, Department of Public Advocacy, Frankfort, KY, for appellant.

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

Before KELLER, LAMBERT, and TAYLOR, Judges.


KELLER, Judge:

This matter is before us on remand from the Supreme Court of Kentucky for further consideration in light of Commonwealth v. Marshall, 345 S.W.3d 822 (Ky. 2011). After careful review, we vacate and remand to the trial court for proceedings consistent with Marshall.


The pertinent facts of this case, as previously set forth by this Court, are as follows:...

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