http://theadvocate.posterous.com The online presence of the Kentucky Department of Public Advocacy journal posterous.com Mon, 11 Feb 2013 05:54:00 -0800 KY COA Feb 1 - Gamble- Second-Degree Trafficking and PFO http://theadvocate.posterous.com/ky-coa-feb-1-gamble-secoond-degree-traffickin http://theadvocate.posterous.com/ky-coa-feb-1-gamble-secoond-degree-traffickin

Gary Gamble, Sr. v. Commonwealth- COA, rendered 2/1/13, not to be published - The Court reversed and remanded when it found that the new second-degree trafficking statute (KRS 218A.1413(2)), which classifies second-degree trafficking as a Class D felony with a maximum sentence of three years, prohibits sentence enhancement under the PFO statute.  

Steven Buck of the Appeals Branch represented Mr. Gamble on appeal, and Michael Bass  and Steven Goble used novel motion practice to preserve the issue for appeal in circuit court.

Contributed by Molly Mattingly

 

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