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IMPORTANT NOTICE
NOT TO BE PUBLISHED OPINION

THIS OPINION IS DESIGNATED "NOT TO BE PUBLISHED." PURSUANT TO THE RULES OF CIVIL PROCEDURE PROMULGATED BY THE SUPREME COURT, CR 76.28(4)(C), THIS OPINION IS NOT TO BE PUBLISHED AND SHALL NOT BE CITED OR USED AS BINDING PRECEDENT IN ANY OTHER CASE IN ANY COURT OF THIS STATE; HOWEVER, UNPUBLISHED KENTUCKY APPELLATE DECISIONS, RENDERED AFTER JANUARY 1, 2003, MAY BE CITED FOR CONSIDERATION BY THE COURT IF THERE IS NO PUBLISHED OPINION THAT WOULD ADEQUATELY ADDRESS THE ISSUE BEFORE THE COURT. OPINIONS CITED FOR CONSIDERATION BY THE COURT SHALL BE SET OUT AS AN UNPUBLISHED DECISION IN THE FILED DOCUMENT AND A COPY OF THE ENTIRE DECISION SHALL BE TENDERED ALONG WITH THE DOCUMENT TO THE COURT AND ALL PARTIES TO THE ACTION.
RENDERED: APRIL 25, 2013 NOT TO BE PUBLISHED


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2011-SC-000187-MR

ERVIN KING. APPELLANT
ON APPEAL FROM WARREN CIRCUIT COURT
V..HONORABLE THOMAS 0. CASTLEN, SPECIAL JUDGE NO. 06-CR-01037
COMMONWEALTH OF KENTUCKY. APPELLEE
MEMORANDUM OPINION OF THE COURT
VACATING AND REMANDING

Ervin King pleaded guilty in 2011 for the 1990 murder of Gina Dolly Payne. The trial court sentenced him to twenty years' confinement to be served concurrently with the sentences he was then serving under an earlier judgment. That earlier judgment, entered in 2003, imposed a forty-five year concurrent sentence for two other murders.
King now appeals to this Court as a matter of right' arguing that the trial court erred by failing to grant him appropriate custody credit for the time he had served under the 2003 judgment, i.e. from 2003-2011. The Commonwealth concedes that the trial court erroneously denied this custody credit. So we agree that the judgment in the present case should be vacated
1 Ky. Const.

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