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IMPORTANT NOTICE NOT TO B E 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THIS OPINION IS DESIGNATED "NOT TO BE PUBLISHED ." PURSUANT TO THE RULES OF CIVIL PROCEDURE PROMULGATED BY THE SUPREME COURT, CR 76 .28(4)(C), THIS OPINION IS NOT TO BE PUBLISHED AND SHALL NOT BE CITED OR USED AS BINDING PRECEDENT IN ANY OTHER CASE IN ANY COURT OF THIS STATE; HOWEVER, UNPUBLISHED KENTUCKY APPELLATE DECISIONS, RENDERED AFTER JANUARY 1, 2003, MAY BE CITED FOR CONSIDERATION BY THE COURT IF THERE IS NO PUBLISHED OPINION THAT WOULD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 OPINIONS CITED FOR CONSIDERATION BY THE COURT SHALL BE SET OUT AS AN UNPUBLISHED DECISION IN THE FILED DOCUMENT AND A COPY OF THE ENTIRE DECISION SHALL BE TENDERED ALONG WITH THE DOCUMENT TO THE COURT AND ALL PARTIES TO THE ACTION.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 : SEPTEMBER 20, 2007 _aNC T BE PUBLISHED

2006-SC-000406-TG MICHAEL LYNN WIMBERLY ON APPEAL FROM DAVIESS CIRCUIT COURT HONORABLE THOMAS O. CASTLEN, JUDGE NO. 05-CR-000196 APPELLEE APPELLANT

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COMMONWEALTH OF KENTUCKY MEMORANDUM OPINION OF THE COURT AFFIRMING

Appellant, Michael Lynn Wimberly, appeals his conviction of two counts of trafficking in a controlled substance in the first degree, subsequent offense, and of being a persistent felony offender in the first degree . He was also convicted of the misdemeanor offenses of possession of marijuana, possession of drug paraphernalia, and driving on a suspended license. Appellant was sentenced to a term of twenty years' imprisonment. He now appeals as a matter of right. Ky. Const.

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Kentucky Law