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Utley v. Com, 2003-CA-001791 -- Not Published; Affirming In Part Reversing In Part-- PDF

This is an appeal from a judgment pursuant to a conditional guilty plea convicting appellant of five counts of second-degree sodomy and five counts of second-degree rape. Appellant’s sole argument on appeal is that all counts of the indictment should have been dismissed because a detainer was lodged against him and he was not tried within 180 days as required by KRS 500.110. We adjudge that the two counts of rape upon which the detainer was based should have been dismissed because he was not tried within the time limitation in KRS 500.110. Accordingly, we reverse two of the second-degree rape convictions. As to the remainder of the convictions, we affirm.

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