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RENDERED: MAY 19, 2005 TO BE PUBLISHED
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2002-SC-1064-MR
LARRY HOWELL APPELLANT
APPEAL FROM KENTON CIRCUIT COURT
V. HONORABLE DOUGLAS M. STEPHENS, JUDGE 02-CR-178
COMMONWEALTH OF KENTUCKY APPELLEE
AND 2003-SC-0219-TG
COMMONWEALTH OF KENTUCKY; APPELLANTS COMMONWEALTH'S ATTORNEY'S OFFICE FOR THE SIXTEENTH JUDICIAL CIRCUIT; AND NORTHERN KENTUCKY DRUG STRIKE FORCE
TRANSFER FROM COURT OF APPEALS
2003-CA-447
KENTON CIRCUIT COURT
02-CR-178

DOUGLAS M. STEPHENS, JUDGE, APPELANTS

KENTON CIRCUIT COURT (SECOND
DIVISION); DEPARTMENT OF PUBLIC
ADVOCACY, COMMONWEALTH OF
KENTUCKY; LARRY E. HOWELL; AND
FINANCE AND ADMINISTRATION
CABINET, COMMONWEALTH OF
KENTUCKY
OPINION OF THE COURT BY JUSTICE COOPER

AFFIRMING IN PART, REVERSING IN PART,
AND REMANDING AS TO 2002-SC-1064-MR
AND
REVERSING AND REMANDING
AS TO 2003-SC-0219-TG

Howell, of trafficking in a controlled substance in or near a school, KRS 218A.1411, and of unlawful transaction with a minor in the second degree, KRS 530.065, both Class D felonies, and of being a persistent felony offender in the first degree (PFO I), KRS 532.080(3). By final judgment of November 13, 2002, Appellant was sentenced to twenty years imprisonment. On December 11, 2002, Appellant appealed to this court from that judgment as a matter of right, Ky. Const.

Download 2002-sc-001064-mr.pdf

Kentucky Law