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SMITH v. COM.

No. 2012-CA-001742-MR.

438 S.W.3d 392 (2014)

Gene M. SMITH, Appellant v. COMMONWEALTH of Kentucky, Appellee.

Court of Appeals of Kentucky.

July 18, 2014.

Attorney(s) appearing for the Case

Margaret A. Ivie , Assistant Public Advocate, Frankfort, KY, for Appellant.

Jack Conway , Attorney General of Kentucky, Heather M. Fryman , Assistant Attorney General, Frankfort, KY, for Appellee.

Before JONES, LAMBERT, and STUMBO, Judges.

OPINION

LAMBERT, Judge:

Gene M. Smith has appealed from the September 20, 2012, order of the Jefferson Circuit Court denying his motion for post-conviction relief pursuant to Kentucky Rules of Criminal Procedure (RCr) 11.42. Because the trial court did not rule on one of Smith's claims in his RCr 11.42 motion, we vacate the order on appeal.

For our recitation of the facts, we shall rely upon the...

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