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RENDERED: March 28, 2003; 2:00 p.m.
NOT TO BE PUBLISHED

Commonwealth Of Kentucky
Court Of Appeals

NO. 2001-CA-002156-MR

MICHAEL MARTIN APPELLANT

APPEAL FROM GREENUP CIRCUIT COURT

v. HONORABLE LEWIS D. NICHOLLS, JUDGE
INDICTMENT NO. 97-CR-00022


COMMONWEALTH OF KENTUCKY APPELLEE

OPINION
AFFIRMING

** ** ** ** **
BEFORE: BARBER, BUCKINGHAM and HUDDLESTON, Judges.
HUDDLESTON, Judge: Michael Martin appeals from a Greenup
Circuit Court order denying, without a hearing, his Rules of
Criminal Procedure (RCr) 11.42 motion seeking vacation of the
sentence he is presently serving.

In August 1997, a jury found Martin guilty of two
counts of trafficking in a controlled substance within 1000
yards of a school and two counts of being a first-degree

verdict and sentencing recommendation, the circuit court
sentenced Martin to five years in prison on each count, enhanced
to twenty years for each count by virtue of the PFO I
convictions, with the sentences to be served concurrently. In
an unpublished opinion rendered on June 17, 1999,1 the Supreme
Court affirmed Martin

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