Preview:

AS MODIFIED : DECEMBER 6, 2004 RENDERED : NOVEMBER 18, 2004 TO BE PUBLISHED

,$uVre1'1C$ 1J,17uL`f.

of

~f

2002-SC-0855-MR RICKY LEE FULCHER

D

APPELLANT

~-C*3

C1

V

APPEAL FROM LOGAN CIRCUIT COURT HONORABLE TYLER L. GILL, JUDGE 01-CR-157 AND 01-CR-179

COMMONWEALTH OF KENTUCKY AND RICKY LEE FULCHER 2002-SC-0879-MR

APPELLEE

APPELLANT

V

APPEAL FROM LOGAN CIRCUIT COURT HONORABLE TYLER L . GILL, JUDGE 01-CR-157

COMMONWEALTH OF KENTUCKY

APPELLEE

OPINION OF THE COURT BY JUSTICE COOPER AFFIRMING IN PART, REVERSING IN PART, VACATING IN PART, AND REMANDING IN PART Following a trial by jury in the Logan Circuit Court, Appellant, Ricky Lee Fulcher, was convicted of two counts of manufacturing methamphetamine, KRS 218A .1432(1) ;

two counts of possession of anhydrous ammonia in an unapproved container with intent to manufacture methamphetamine, KRS 250.489(1), KRS 250 .991(2) ; two counts of possession of drug paraphernalia, KRS 218A.500(2) ; and one count of possession of marijuana, KRS 218A.1422. The conviction of possession of marijuana and one each of the convictions of the three other offenses were obtained pursuant to Indictment No. 01-CR-157, which stemmed from a search of Appellant's residence and property on July 24, 2001 . The other three convictions were obtained pursuant to Indictment No. 01-CR-179, which stemmed from a search of Appellant's residence and property on August 3, 2001 . The indictments were jointly tried. RCr 9 .12; Harris v . Commonwealth , Ky., 556 S .W.2d 669, 669-70 (1977) . However, for purposes of sentencing, the offenses occurring on August 3, 2001, were treated as subsequent offenses, i.e. , the convictions of manufacturing methamphetamine and possession of anhydrous ammonia in an unapproved container were enhanced from Class B felonies to Class A felonies, KRS 218A.1432(2) ; KRS 250.991(2), and the conviction of possession of drug paraphernalia was enhanced from a Class A misdemeanor to a Class D felony, KRS 218A .500(5) . Appellant was sentenced to thirty years imprisonment and appeals to this Court as a matter of right. Ky. Const.

Download 2002-sc-000855-mr.pdf

Kentucky Law