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RENDERED : JUNE 12, 2003 TO BE PUBLISHED (ORIGINAL OPINION RENDERED : DECEMBER 19, 2002) (PETITION FOR REHEARING AND MODIFICATION GRANTED : APRIL 24, 2003) (ORIGINAL OPINION WITHDRAWN : APRIL 24, 2003

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2000-SC-0341-MR RONALD KOTILA

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IZAN APPELLANT

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APPEAL FROM PULASKI CIRCUIT COURT HONORABLE DANIEL J . VENTERS, JUDGE 99-CR-68-2

COMMONWEALTH OF KENTUCKY OPINION OF THE COURT REVERSING AND REMANDING Appellant Ronald Kotila was convicted in the Pulaski Circuit Court of

APPELLEE

manufacturing methamphetamine by "possess[ing] the chemicals or equipment for the manufacture of methamphetamine with the intent to manufacture methamphetamine," KRS 218A.1432(1)(b), a Class B felony, KRS 218A.1432(2) . The offense was enhanced to a Class A felony by the jury's additional finding that he was in possession of a firearm at the time the offense was committed, KRS 218A.992(1)(a). Appellant was sentenced to twenty-five years imprisonment and appeals to this Court as a matter of right, Ky. Const.

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