Opinion
November 21, 1978.
On Review from Court of Appeals No. CA-1963-MR (Muhlenberg Circuit Court 1112).
Timothy T. Riddell, Asst. Public Defender, Frankfort, for movant.
Robert F. Stephens, Atty. Gen., Carl T. Miller, Jr., Asst. Atty. Gen., Frankfort, for respondent.
OPINION AND ORDER
The motion of David Wayne Stewart for a review of the decision of the Court of Appeals is granted.
The decision of the Court of Appeals rendered July 7, 1978, is now vacated, and this proceeding is remanded to the Court of Appeals for reconsideration in light of this court's opinions in Luttrell v. Commonwealth, Ky., 554 S.W.2d 75 (1977), and Whorton v. Commonwealth, Ky., 570 S.W.2d 627 (1978).
All concur.