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THIS OPINION IS DESIGNATED "NOTTOBE PUBLISHED." PURSUANT TOTHERULES OFCIVIL PROCEDURE PROMULGATEDBYTHESUPREME COURT, CR76.28(4)(C), THIS OPINIONIS NOTTOBE PUBLISHED ANDSHALL NOTBE CITED ORUSEDAS BINDING PRECEDENT IN ANYOTHER CASEIN ANY COURT OFTHIS STATE; HOWEVER, UNPUBLISHED KENTUCKY APPELLATE DECISIONS, RENDEREDAFTERJANUARY 1, 2003, MAYBECITED FOR CONSIDERATION BYTHE COURTIF THEREIS NOPUBLISHED OPINION THATWOULDADEQUATELYADDRESS THEISSUE BEFORE THE COURT. OPINIONS CITED FORCONSIDERATION BYTHECOURT SHALL BE SET OUTAS ANUNPUBLISHED DECISION IN THEFILED DOCUMENTAND A COPYOFTHE ENTIRE DECISION SHALL BE TENDEREDALONGWITHTHE DOCUMENTTO THECOURTANDALLPARTIES TOTHE ACTION.
RENDERED: OCTOBER23, 2008 NOTTO BE PUBLISHED
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2006-SC-000372-MR 2006-SC-000373-MR ;.
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BRIAN D. BENTON APPELLANT
ON APPEAL FROM JOHNSON CIRCUIT COURT
HONORABLE DANIEL REID SPARKS, JUDGE
NOS. 04-CR-00110-001 AND 04-CR-00132

COMMONWEALTH OF KENTUCKY APPELLEE
MEMORANDUMOPINION OF THE COURT
AFFIRMING
Appellant, Brian Benton, was convicted of complicity to commit robbery in the
first degree, complicity to receiving stolen property over $300.00, and of being a persistent felony offender in the second degree. He now appeals to this Court as a matter of right. Ky. Const.

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Kentucky Law