PIPER (DEBORAH) VS. COMMONWEALTH OF KENTUCKY
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RENDERED DECEMBER 18, 2009; 10:00 A.M.
NOT TO BE PUBLISHED
Commonwealth of Kentucky
Court of Appeals
NO. 2008-CA-000271-MR
DEBORAH PIPER
v.
APPELLANT
APPEAL FROM MUHLENBERG CIRCUIT COURT
HONORABLE DAVID H. JERNIGAN, JUDGE
ACTION NOS. 03-CR-00159 & 99-CR-00155
COMMONWEALTH OF KENTUCKY
APPELLEE
OPINION
DISMISSING
** ** ** ** **
BEFORE: CLAYTON, DIXON, AND THOMPSON, JUDGES.
CLAYTON, JUDGE: This action comes before us on appeal from a decision of
the Muhlenberg Circuit Court denying the appellant, Deborah Piper’s, motion for
relief under Kentucky Rules of Civil Procedure (CR) 60.02. We will dismiss the
Piper’s appeal as she has not complied with CR 76.12(4).
Piper was convicted by a jury of two counts of first degree trafficking
in a controlled substance and was sentenced to five years on each of these charges.
The jury subsequently found Piper guilty of Persistent Felony Offender in the first
degree (PFO I) and pursuant to their verdict her sentence was enhanced to twenty
years on each count to run consecutively for a total of forty years.
On December 8, 2006, Piper filed a CR 60.02 motion asking the trial
court to modify her sentence. As a basis for her motion, Piper contended that her
PFO I enhancement was improper as she did not have two or more underlying
convictions. Piper also contended that the Clerk did not give notice to the Cabinet
for Health and Family and she was denied due process when a lay opinion invaded
the province of the jury. On December 11, 2006, the trial court denied Piper’s
motion.
Piper brought this appeal setting forth as her argument that “a lay
opinion invaded the province of the jury”. This argument was not brought forth at
the trial court level and was not preserved for review. Additionally, Piper neither
explains nor supports this argument. Further, Piper has failed at following the
edicts of CR 76.12(4) in her memorandum. Thus we will dismiss Piper’s appeal.
ALL CONCUR.
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BRIEF FOR APPELLANT:
BRIEF FOR APPELLEE:
Deborah Piper, pro se
Wheelwright, Kentucky
Jack Conway
Attorney General of Kentucky
Susan Roncarti Lenz
Assistant Attorney General
Frankfort, Kentucky
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