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DUNCAN v. COMMONWEALTH

No. 2021-CA-0019-MR.

640 S.W.3d 84 (2021)

Emoshia DUNCAN, Appellant v. COMMONWEALTH of Kentucky, Appellee.

Court of Appeals of Kentucky.

November 5, 2021; 10:00 A.M.

Attorney(s) appearing for the Case

BRIEFS FOR APPELLANT: Whitney B. Browning , Frankfort, Kentucky.

BRIEF FOR APPELLEE: Daniel Cameron , Attorney General of Kentucky, Courtney J. Hightower , Assistant Attorney General, Frankfort, Kentucky.

BEFORE: ACREE, COMBS, AND MAZE, JUDGES.

OPINION

Emoshia Duncan appeals from an order of the Fayette Circuit Court denying his motion to vacate or correct his sentence pursuant to CR1 60.02(e). We conclude that the trial court abused its discretion by denying the motion because Duncan's sentence exceeded the maximum authorized by statute...

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