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RENDERED:  MAY 31, 2013; 10:00 A.M.
NOT TO BE PUBLISHED

Commonwealth of Kentucky
Court of Appeals

NO. 2012-CA-000229-MR
JAMES DARWIN BUMPHIS APPELLANT
APPEAL FROM WARREN CIRCUIT COURT
v. HONORABLE STEVE ALAN WILSON, JUDGE ACTION NO. 05-CR-00609
COMMONWEALTH OF KENTUCKY APPELLEE
OPINION AFFIRMING ** ** ** ** ** BEFORE: CAPERTON, COMBS AND DIXON, JUDGES. DIXON, JUDGE:  James Darwin Bumphis appeals an order of the Warren Circuit Court denying his motion to vacate his conviction pursuant to CR 60.02(e)-(f). Appellant argues he was entitled to relief because, after his direct appeal was final, that decision was specifically overruled by the Kentucky Supreme Court in Hobson v. Commonwealth, 306 S.W.3d 478 (Ky. 2010).  As a result, Appellant
contends his conviction must be vacated because it is contrary to the law
established by Hobson. After careful review, we affirm.
Following a jury trial, Appellant was convicted of second-degree
burglary and being a persistent felony offender (first-degree).  Pursuant to the
jury

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Kentucky Law