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HALE v. COMMONWEALTH

No. 2012-CA-000778-MR.

RICKY J. HALE, Appellant, v. COMMONWEALTH OF KENTUCKY, Appellee.

Court of Appeals of Kentucky.

Rendered: March 14, 2014.

Attorney(s) appearing for the Case

Jason Apollo Hart , Assistant Public Advocate, Frankfort, KY, BRIEF FOR APPELLANT.

Jack Conway , Attorney General, James C. Shackelford , Assistant Attorney General, Frankfort, KY, BRIEF FOR APPELLEE.

BEFORE: ACREE, CHIEF JUDGE; CAPERTON AND VANMETER, JUDGES.

NOT TO BE PUBLISHED

OPINION

CAPERTON, Judge.

The appellant, Ricky Hale, appeals a judgment and sentence on a plea of guilty and asks this court to vacate the judgment and remand the case to the circuit court for resentencing; the Commonwealth agrees. We vacate and remand.

Hale was indicted for possession of a controlled substance, first degree, and on February 18, 2011, pled guilty to a diverted five-year sentence supervised through Drug...

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