COVINGTON v. COM.

No. 91-CA-002020-MR.

849 S.W.2d 560 (1992)

Frankie COVINGTON, Appellant, v. COMMONWEALTH of Kentucky, Appellee.

Court of Appeals of Kentucky.

Discretionary Review Denied by Supreme Court April 14, 1993.


Attorney(s) appearing for the Case

Jill Hall Rose, Lexington, for appellant.

Chris Gorman, Atty. Gen., Dina Abby Jones, Asst. Atty. Gen., Frankfort, for appellee.

Before HAYES, HUDDLESTON and SCHRODER, JJ.


SCHRODER, Judge.

Appellant, Frankie Covington, appeals from the judgment of the Lyon Circuit Court sentencing him to a total of ten (10) years for the conviction of assault in the third degree and being a persistent felony offender in the second degree ("PFO II"). Appellant primarily contends KRS 508.025(1)(b) is invalid and the lower court erred in overruling his motion to dismiss the indictment. We disagree and, thus, affirm.

The facts in this case are essentially...

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