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FOUNTAIN v. COMMONWEALTH

528 S.W.2d 939 (1975)

James FOUNTAIN, Appellant, v. COMMONWEALTH of Kentucky, Appellee.

Court of Appeals of Kentucky.

As Modified October 3, 1975.

Attorney(s) appearing for the Case

Jack Emory Farley, Public Defender, Paul F. Isaacs, Asst. Public Defender, Frankfort, for appellant.

Ed W. Hancock, Atty. Gen., William W. Pollard, Asst. Atty. Gen., Frankfort, for appellee.

STEPHENSON, Justice.

James Fountain was indicted on three counts of armed robbery and as an habitual criminal. A Daviess Circuit Court jury found Fountain guilty on each of the three counts of armed robbery and imposed a penalty of life imprisonment on each count. The jury did not mention the habitual criminal charge in its verdict.

The trial court granted Fountain a belated appeal. We dismiss the appeal sua sponte.

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