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NOTTOBEPUBLISHED~PI~N

THIS OPINIONISDESIGNATED "NOTTOBE PUBLISHED. " PURSUANTTO THERULESOF CIVILPROCEDUREPROMULGATEDBYTHE SUPREMECOURT, CR 76.28 (4) (c), THIS OPINION ISNOTTOBEPUBLISHEDANDSHALLNOTBE CITED OR USEDASAUTHORITYINANYOTHER CASEINANYCOURTOFTHISSTATE.
RENDERED: MARCH 18, 2004 NOTTO BE PUB
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AIL
2002-SC-0552-MR
MITCHELL B. THOMAS APPELLANT
APPEAL FROM MASON CIRCUIT COURT
V. HON. ROBERT W. MCGINNIS, SPECIAL JUDGE 01-CR-0008
COMMONWEALTH OF KENTUCKY APPELLEE
MEMORANDUM OPINION OF THE COURT
AFFIRMING
I . INTRODUCTION

Appellant stands convicted of one (1) count of Trafficking in a Controlled Substance In or Near a School and of three (3) counts of First-Degree Trafficking in a Controlled Substance, Second or Subsequent Offense. The jury recommended a three
(3) year sentence for the conviction of Trafficking in a Controlled Substance in or near a School and a twelve (12) year sentence for each conviction of First-Degree Trafficking in a Controlled Substance, Second or Subsequent Offense. The trial court imposed an aggregate sentence oftwenty (24) years. Appellant appeals to this Court as a matter of right,' claiming that the trial court erred (1) by allowing the Commonwealth to introduce
' KY. CONST.

Download 2002-sc-000552-mr.pdf

Kentucky Law