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RENDERED : SEPTEMBER 22, 2005 TO BE PUBLISHED

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2004-SC-000233-MR JAMES ANTHONY DENO

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V.

APPEAL FROM JESSAMINE CIRCUIT COURT HONORABLE C. HUNTER DAUGHERTY, JUDGE NO. 03-CR-00081 APPELLEE

COMMONWEALTH OF KENTUCKY OPINION OF THE COURT BY CHIEF JUSTICE LAMBERT REVERSING AND REMANDING

Appellant, James Anthony Deno, was indicted by a Jessamine county grand jury for rape in the first degree and for failing to register as a sex offender . Prior to trial, the latter charge was severed because of its prejudicial effect. At Appellant's trial for rape, the jury found him guilty and recommended a sentence of twenty years . The trial court entered a judgment consistent with the jury's recommendation . Appellant appeals to this Court as a matter of right' asserting four claims of reversible error: (1) that the trial court erred when it informed Appellant he had no right to hybrid representation ; (2) that the trial court erred when it held an inadequate hearing on Appellant's pro se request for substitute counsel ; (3) that Appellant was unfairly prejudiced when the trial court admitted evidence regarding Appellant's refusal to
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Ky. CONST.

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