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McCARY v. COMMONWEALTH

No. 2012-CA-000269-MR.

SAMUEL TYRONE McCARY, Appellant, v. COMMONWEALTH OF KENTUCKY, Appellee.

Court of Appeals of Kentucky.

Rendered: June 21, 2013.

Attorney(s) appearing for the Case

Robert C. Bishop , Elizabethtown, Kentucky, BRIEF FOR APPELLANT.

Jack Conway , Attorney General of Kentucky, Frankfort, Kentucky, Perry T. Ryan , Assistant Attorney General, Frankfort, Kentucky, BRIEF FOR APPELLEE.

BEFORE: CLAYTON, MOORE and NICKELL, JUDGES.

NOT TO BE PUBLISHED

OPINION

MOORE, JUDGE.

Samuel Tyrone McCary appeals the Graves Circuit Court's order denying his RCr1 11.42 motion to vacate his sentence and his CR2 60.02 motion for relief from judgment. After a careful review of the record, we affirm because his RCr 11.42 claims lack merit and his CR 60.02 motion was improper.

I. FACTUAL AND PROCEDURAL BACKGROUND

McCary...

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