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RENDERED:  FEBRUARY 16, 2007; 2:00 P.M.
TO BE PUBLISHED

Commonwealth of Kentucky
Court of Appeals

NO.  2006-CA-000164-DG
A.M., A CHILD UNDER EIGHTEEN APPELLANT
ON DISCRETIONARY REVIEW
FROM WHITLEY CIRCUIT COURT

v. HONORABLE PAUL BRADEN, JUDGE ACTION NO. 04-XX-00004
COMMONWEALTH OF KENTUCKY APPELLEE
OPINION REVERSING ** ** ** ** ** BEFORE:  COMBS, CHIEF JUDGE, DIXON AND VANMETER, JUDGES. DIXON, JUDGE:  This Court granted discretionary review of an order of the Whitley Circuit Court denying Appellant's motion for a belated appeal that was filed after the circuit court sua sponte dismissed Appellant's direct appeal from the district court.  We now reverse and remand the matter to the trial court. On April 29, 2004, A.M., a minor, was charged in the Whitley District Court with being a habitual truant and being beyond the control of his mother.  On May
4, 2004, A.M. appeared and entered a plea of not guilty.  He was thereafter placed on

house arrest pending adjudication of the matter.
On May 25, 2004, counsel moved to dismiss the habitual truancy petition on jurisdictional grounds.  Following a

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Kentucky Law