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COM. v. DERRINGER

No. 2010-SC-000685-CL.

386 S.W.3d 123 (2012)

In re COMMONWEALTH of Kentucky Plaintiff/Appellant v. Richard Eugene DERRINGER, Defendant/Appellee.

Supreme Court of Kentucky.

December 20, 2012.

Attorney(s) appearing for the Case

Jack Conway , Attorney General of Kentucky, Jeanne Deborah Anderson , Assistant Attorney General, Office of the Attorney General, Office of Criminal Appeals, Frankfort, KY, for Plaintiff/Appellant.

J. Gregg Clendenin , Nicholasville, KY, for Defendant/Appellee.

Certification of Law by Chief Justice MINTON.

Under Section 115 of the Kentucky Constitution and Kentucky Rules of Civil Procedure (CR) 76.37(10), the Commonwealth moved this Court to certify the law on the question of whether a conviction for which a defendant is currently on felony pretrial diversion can be used as a qualifier to indict that defendant as a second-degree persistent felony offender (PFO 2) when he commits...

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