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RENDERED : SEPTEMBER 22, 2005 TO BE PUBLISHED

,Supxmt Courf of 2003-SC-0220-MR COMMONWEALTH OF KENTUCKY

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APPELLANT

V.

APPEAL FROM LOGAN CIRCUIT COURT HONORABLE TYLER L . GILL, JUDGE 02-CR-00203 AND 02-CR-00220 APPELLEE

OTHANIEL CANTRELL NOURSE AND 2003-SC-0221-MR OTHANIEL CANTRELL NOURSE APPEAL FROM LOGAN CIRCUIT COURT HONORABLE TYLER L . GILL, JUDGE 02-CR-00203 AND 02-CR-00220

APPELLANT

V.

COMMONWEALTH OF KENTUCKY OPINION OF THE COURT BY JUSTICE GRAVES Affirming

APPELLEE

A jury of the Logan County Circuit Court convicted Appellant, Othaniel Cantrell Nourse, of complicity to murder, tampering with physical evidence, possession of a handgun by a convicted felon, and of being a second degree persistent felony offender .

Subsequent to the guilty verdict but prior to sentencing, Nourse moved for judgment notwithstanding the verdict ("JNOV") . The trial court granted the JNOV with respect to the complicity to murder conviction, but denied the motion as to the other convictions . Appellant was sentenced to not more than twenty (20) years imprisonment for the remaining convictions . Both the Commonwealth and Appellant now appeal to this Court as a matter of right . Ky. Const.

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