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KERR v. COM.

No. 2011-SC-000247-MR.

400 S.W.3d 250 (2013)

Barry KERR, Appellant v. COMMONWEALTH of Kentucky, Appellee.

Supreme Court of Kentucky.

June 20, 2013.

Attorney(s) appearing for the Case

Emily Holt Rhorer , Assistant Public Advocate, Counsel for Appellant.

Jack Conway , Attorney General of Kentucky, Todd Dryden Ferguson , Assistant Attorney General, Counsel for Appellee.

Opinion of the Court by Chief Justice MINTON.

Barry Kerr appeals as a matter of right1 his convictions for first-degree trafficking in a controlled substance, second offense; second-degree trafficking in a controlled substance; and being a first-degree Persistent Felony Offender (PFO 1). He raises the following issues on appeal:

1) he is entitled to retroactive application of House Bill 463;

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