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CHARLES v. COMMONWEALTH

No. 2010-CA-000878-MR.

BRIAN CHARLES, Appellant, v. COMMONWEALTH OF KENTUCKY, Appellee.

Court of Appeals of Kentucky.

January 20, 2012.

Attorney(s) appearing for the Case

Amy Robinson Staples, Assistant Public Advocate, Frankfort, Kentucky, BRIEFS FOR APPELLANT.

Jack Conway, Attorney General of Kentucky, Gregory C. Fuchs, Assistant Attorney General, Frankfort, Kentucky. BRIEF FOR APPELLEE.

BEFORE: CAPERTON, NICKELL AND WINE, JUDGES.

NOT TO BE PUBLISHED

OPINION

CAPERTON, JUDGE.

Brian Charles appeals from the April 6, 2010, order of the Kenton Circuit Court denying his motion made pursuant to Kentucky Rules of Criminal Procedure (RCr) 11.42 without an evidentiary hearing. Having reviewed the parties' arguments, the record and the applicable law, we agree with Charles that he was entitled to an evidentiary hearing on several claims raised in his motion. Accordingly, the order...

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