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POMEROY v. COMMONWEALTH

NO. 2015-CA-001487-MR.

509 S.W.3d 721 (2016)

Ryan POMEROY, Appellant v. COMMONWEALTH of Kentucky, Appellee.

Court of Appeals of Kentucky.

December 22, 2016; 10:00 A.M.

Attorney(s) appearing for the Case

BRIEFS FOR APPELLANT: Molly Mattingly , Assistant Public Advocate, Dept. of Public Advocacy, Frankfort, Kentucky.

BRIEF FOR APPELLEE: Andy Beshear , Attorney General of Kentucky, Jeffrey R. Prather , Assistant Attorney General, Frankfort, Kentucky.

BEFORE: KRAMER, CHIEF JUDGE; NICKELL AND THOMPSON, JUDGES.

OPINION

Ryan Pomeroy was charged with first-degree possession of a controlled substance and possession of drug paraphernalia for acts committed on December 21, 2014. He filed a motion to dismiss the indictment on the basis of Kentucky Revised Statutes (KRS) 218A.133(2), effective March 25, 2015, which provides that a person...

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