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COM. v. HAMILTON

No. 2011-SC-000227-DG.

411 S.W.3d 741 (2013)

COMMONWEALTH of Kentucky, Appellant v. Frank D. HAMILTON and Heather Cole, Appellees.

Supreme Court of Kentucky.

October 24, 2013.

Attorney(s) appearing for the Case

Jack Conway , Attorney General of Kentucky, James Coleman Shackelford , Assistant Attorney General, for Appellant.

Donn Randall Jewell , Travis Alan Rossman , for Appellees.

Opinion of The Court By Chief Justice MINTON.

Frank D. Hamilton and Heather Cole entered conditional guilty pleas to second-degree trafficking in a controlled substance, first offense. In particular, Hamilton and Cole were convicted for dealing in Suboxone, the trade name of a specific drug containing buprenorphine. Under Kentucky law, the Cabinet for Health and Family Services designated buprenorphine as a Schedule III controlled substance. The focus of this case...

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