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RENDERED:  OCTOBER 28, 2005; 10:00 A.M.
NOT TO BE PUBLISHED

Commonwealth Of Kentucky
Court of Appeals
NO. 2004-CA-002189-MR



KELVIN LEE WHITE APPELLANT



APPEAL FROM FAYETTE CIRCUIT COURT
v. HONORABLE REBECCA M. OVERSTREET, JUDGE
ACTION NO. 04-CR-00395



COMMONWEALTH OF KENTUCKY  APPELLEE



OPINION
REVERSING AND REMANDING

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BEFORE:  GUIDUGLI AND TAYLOR, JUDGES; HUDDLESTON, SENIOR JUDGE.1  
TAYLOR, JUDGE:  Kelvin Lee White appeals from an October 5, 2004, judgment of the Fayette Circuit Court upon a jury verdict finding him guilty of first-degree trafficking in a controlled substance and possession of drug paraphernalia.  We reverse and remand.
  On the evening of February 20, 2004, Lexington Police were conducting surveillance at the Coolivan Apartment Complex in Lexington, Kentucky.  Shortly after midnight, Officer Franz Wolff observed a

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Kentucky Law