COM. v. SIMMONS

No. 2011-SC-000118-DG.

394 S.W.3d 903 (2013)

COMMONWEALTH of Kentucky, Appellant v. Deonte SIMMONS, Appellee.

Supreme Court of Kentucky.

March 21, 2013.


Attorney(s) appearing for the Case

Jack Conway , Attorney General of Kentucky, Jeffrey Allan Cross , Assistant Attorney General, Office of Criminal Appeals, Office of the Attorney General, Frankfort, KY, Counsel for Appellant.

Linda Roberts Horsman , Assistant Public Advocate, Department of Public Advocacy, Frankfort, KY, Counsel for Appellee.


OPINION OF THE COURT BY JUSTICE ABRAMSON

ABRAMSON, Judge.

In July 2008, the Madison Circuit Court convicted Deonte Simmons of first-degree trafficking in a controlled substance (cocaine) and sentenced him as a second-degree persistent felon to fifteen years in prison. The jury that ultimately found Simmons guilty of that offense had only eleven members, one of the jurors having broken her ankle during an over-night recess. Simmons appealed his conviction...

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