2004 Unpublished Court of Appeals Opinions Index |
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Farthing v. Com., 2002-CA-002283 -- Not Published;
Affirming in Part And Reversing In Part-- PDF
Ferguson V Com, 2003-CA-001779--Not To Be Published;
Affirming -- PDF
Fields v. Com., 2003-CA-001136-MR &2003-CA-001112 Not Published;
Reversing and Remanding -- PDF
Fisher V Com, 2003-CA-001090--Not To Be Published;
Affirming -- PDF
Fitzgerald V Com, /2003-CA-002216- To Be Published;
Affirming -- PDF
Florence V Com, 2003-CA-001238-MR-- Not Published;
2003-CA-000855-MR Affirming -- PDF
Flynn III v. Com., 2002-CA-002457-- Not Published;
Affirming -- PDF
Ford v. Com, 2002-CA-000252-MR-- Not Published;
Affirming In Part Vacating and Remanding In Part -- PDF
Fox V Com, 2003-CA-001205--Not To Be Published;
Affirming -- PDF
France v Com, 2004-CA-000542 -- Not To Be Published;
Affirming -- PDF
Francis V Com, 2003-CA-001579-MR--Not To Be Published;
2003-CA-000855-MR Affirming -MR -- PDF
Frazier V Com, 2003-CA-001277-MR-- Not Published;
2003-CA-000855-MR Affirming-MR -- PDF
Frazier v Com, 2004-CA-000159-MR--Not To Be Published;
2003-CA-000855-MR Affirming -MR -- PDF
Willie Leon Farthing has appealed from the
final judgment and sentence entered by the Union Circuit Court
on October 15, 2002, which convicted him of manufacturing
methamphetamine by complicity,1 two counts of possession of a
controlled substance in the first degree by complicity,2 and possession of drug paraphernalia by complicity.
Appellant, Allan D. Ferguson, Jr., (Ferguson),
appeals from his conviction of second-degree burglary. The jury
recommended five years incarceration and the court imposed
sentence accordingly. The sole issue on appeal is whether the
court erred by failing to give an instruction on theft by
unlawful taking in addition to an instruction on second-degree
burglary. We reject Ferguson’s contention and affirm the
judgment of conviction.
Derwin Wayne Fields has appealed from a final
judgment and sentence of the Fayette Circuit Court entered on
April 30, 2003, which, following Fields’s conditional guilty
pleas to possession of a controlled substance in the first
degree,1 possession of drug paraphernalia,2 and to being a
persistent felony offender in the first degree (PFO I),3 sentenced Fields to ten years’ imprisonment.
Following a jury trial, Antonio Fisher was
convicted of first-degree possession of a controlled substance
(cocaine) and second-degree persistent felony offender (PFO),
resulting in a sentence of three years on the underlying offense -- enhanced to five years on PFO II. On appeal, he argues the
sole issue of whether evidence of cocaine as a Schedule II
narcotic was sufficiently proven at trial. We affirm.
This Court granted Leonard Fitzgerald’s motion
for discretionary review in order to address his argument
concerning the minimal number of jurors to be seated in a trial
and the Commonwealth’s waiver of a peremptory challenge. Having
thoroughly reviewed the parties’ arguments, applicable case law,
criminal rules and statutory law, we affirm.
Christopher L. Florence appeals from an order
of the Fayette Circuit Court denying his motion for additional
jail credit. Florence claims that the circuit court erred by
denying him jail credit for time that he spent in a county jail
in Ohio toward the service of his felony sentence in Kentucky.
We find no error and thus affirm.
Aurelius Flynn III (hereinafter appellant)
appeals his conviction in the Fayette Circuit Court for
possession of a controlled substance in the first degree and
possession of marijuana.
Appellant Janice E. Ford (hereinafter
appellant) has filed two separate appeals which will be heard
together. Appeal No. 2002-CA-000252-MR appeals her conviction
in the McCracken Circuit Court for trafficking in a controlled
substance, possession of drug paraphernalia, and being a
persistent felony offender in the first degree. Appeal No.
2002-CA-002246-MR pertains to the court’s denial of a Motion
pursuant to CR 60.02.
This appeal is from a judgment entered by the
Henderson Circuit Court after appellant, Joseph Fox, entered a
conditional guilty plea to trafficking in more than eight ounces
but less than five pounds of marijuana, first degree possession
of a controlled substance, and possession of drug paraphernalia,
all while in possession of a firearm. The court sentenced Fox
in accordance with the jury’s recommendation of seven years on
each of the first two counts and five years on the third count,
with the sentences to be served concurrently. We affirm.
Appellant, William France (France), appeals pro
se from an order of the Montgomery Circuit Court denying his
request for relief under RCr 11.42. France contends that the
ruling being appealed is the trial court’s failure to strike the
Commonwealth’s Response to his motion, as it was filed by a
prior defense counsel for France who is now the Commonwealth’s
Attorney in Montgomery County.
Francis was convicted of murder,
robbery first degree, and conspiracy to commit robbery first
degree.Following an unsuccessful direct appeal to the
Kentucky Supreme Court Francis, on May 3, 1994, filed a motion
to vacate judgment pursuant to RCr2 11.42 and RCr 10.26. The
motions were later dismissed at his request. On September 21,
1994, Francis filed a motion pursuant to CR3 60.02.
Terry Frazier (“Frazier”) appeals from an
order of the Union Circuit Court denying his pro se RCr 11.42
motion for relief from a criminal judgment. For the reasons
stated herein, we affirm.
On November 2, 1992, Frazier was indicted by the Union
County Grand Jury on charges of murder, first-degree robbery,
and first-degree burglary.
Stephen Frazier appeals from a judgment of the
Carroll Circuit Court, entered December 19, 2003, finding him
guilty, pursuant to his guilty plea, of theft by unlawful taking
of property worth more than $300.001 and receiving stolen
property worth less than $300.00.2 In accord with Frazier’s plea agreement, the court imposed concurrent sentences totaling
three-and-a-half years’ imprisonment and a $1,000.00 fine. The
court probated the prison sentence. Frazier, who has been found
indigent, appeals from that portion of the judgment imposing a
fine. He notes that under KRS 534.030, “[f]ines
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