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GONCALVES v. COMMONWEALTH

No. 2010-SC-000142-MR.

404 S.W.3d 180 (2013)

Joseph S. GONCALVES, Appellant v. COMMONWEALTH of Kentucky, Appellee.

Supreme Court of Kentucky.

As Corrected March 14, 2013.

Attorney(s) appearing for the Case

Susan Jackson Balliet , Assistant Public Advocate, Department of Public Advocacy, Frankfort, KY, for Appellant.

Joseph S. Goncalves, Jr. , LaGrange, KY, Appellant.

Jack Conway , Attorney General of Kentucky, Jeanne Deborah Anderson , Assistant Attorney General, Office of the Attorney General, Office of Criminal Appeals, Frankfort, KY, Counsel for Appellee.

Opinion of the Court by Justice ABRAMSON.

Joseph Goncalves appeals as a matter of right from a Judgment of the Nelson Circuit Court convicting him of robbery in the first degree. Ky. Const. § 110(2)(b). Finding Goncalves to be a Persistent Felony Offender in the first degree ("PFO 1") the jury enhanced his sentence from twenty to thirty-five years imprisonment, and the trial court sentenced him accordingly. Goncalves raises thirteen issues on appeal: (1) the...

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