FULTZ v. COM.


596 S.W.2d 28 (1979)

Claude Dwayne FULTZ, Appellant, v. COMMONWEALTH of Kentucky, Appellee.

Court of Appeals of Kentucky.

Discretionary Review Denied April 15, 1980.


Attorney(s) appearing for the Case

Gordon J. Dill, Jr., Ashland, for appellant.

Robert F. Stephens, Atty. Gen., John F. Zink, Asst. Atty. Gen., Frankfort, for appellee.

Before GANT, HOWARD and WHITE, JJ.


GANT, Judge.

Appellant, along with William Robinson and Patrick Sullivan, was indicted for armed robbery. The record discloses that both Robinson and Sullivan entered a plea of guilty to robbery in the second degree and that on hearing for probation the Commonwealth Attorney stated that both were eligible for probation under KRS 533.060, as they were not "the armed individual." Subsequently, appellant was permitted to plead to the same reduced charge and, in open...

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