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IMPORTANT NOTICE
NOT TO BE PUBLISHED OPINION

THIS OPINION IS DESIGNATED "NOT TOBE PUBLISHED."
PURSUANT TOTHERULES OFCIVIL PROCEDURE PROMULGATEDBYTHESUPREME COURT, CR76.28(4)(C), THIS OPINIONIS NOT TO BE PUBLISHEDAND SHALL NOTBE CITED ORUSEDAS BINDING PRECEDENT IN ANYOTHER CASEINANYCOURT OF THIS STATE; HOWEVER, UNPUBLISHEDKENTUCKYAPPELLATE DECISIONS, RENDEREDAFTERJANUARY 1, 2003, MAYBE CITED FOR CONSIDERATIONBYTHECOURTIF THEREIS NOPUBLISHED OPINION THATWOULDADEQUATELYADDRESS THEISSUE BEFORE THE COURT. OPINIONS CITED FORCONSIDERATION BYTHECOURT SHALL BE SET OUTAS ANUNPUBLISHED
DECISION IN THEFILED DOCUMENTAND A COPYOFTHE ENTIRE DECISION SHALL BE TENDERED ALONGWITHTHE DOCUMENTTOTHECOURTANDALL PARTIES TOTHE ACTION.
RENDERED: NOVEMBER 26, 2008 NOTTO BE PUBLISHED
,vixPrexrre C~Vurf of
2006-SC-000361-MR ~.yGccaaoc~~.~-
RICHARD EARL THOMAS, II APPELLANT
ON APPEAL FROM BULLITT CIRCUIT COURT
V HONORABLETHOMAS L. WALLER, JUDGE
NOS. 04-CR-00273 AND 05-CR-00103

COMMONWEALTH OF KENTUCKY APPELLEE
MEMORANDUM OPINIONOF THECOURT AFFIRMING
Appellant, Richard Earl Thomas, II, was convicted by a Bullitt County jury of murder, theft byunlawful taking over $300.00, andthird-degree burglary. In accordance with thejury's recommendation, he was sentenced to twenty (20) years for murder, five (5) years for theft, and five (5) years for
burglary, to run concurrently for a total of twenty (20) years in prison. He appeals to this Court as a matter of right under Ky. Const.

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