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ELLIOTT v. COM.

No. 97-SC-700-DG.

976 S.W.2d 416 (1998)

William ELLIOTT, Appellant, v. COMMONWEALTH of Kentucky, Appellee.

Supreme Court of Kentucky.

September 3, 1998.

Attorney(s) appearing for the Case

W. Currie Milliken, Wesley V. Milliken, Milliken Law Firm, Bowling Green, for Appellant.

A.B. Chandler, III, Attorney General, Amy F. Howard, Assistant Attorney General, Office of Attorney General, Criminal Appellate Division, Frankfort, for Appellee.

COOPER, Justice.

Appellant was convicted of reckless homicide in the Simpson Circuit Court and sentenced to one year in prison. His sentence was probated on the condition that he serve 120 days in the county jail. KRS 533.030(6). The Court of Appeals reluctantly affirmed in a 2-1 decision, noting that it was compelled to follow the controlling precedent of Shannon v. Commonwealth, Ky. 767 S.W.2d 548 (1988). SCR 1.030(8)(a...

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