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Johnston v. Commonwealth3/14/2003
court failed to address the double jeopardy argument when it ruled on his RCr 11.42 motion. We reject this argument for two reasons.
First, the double enhancement or double jeopardy argument is without merit as we have noted above. Second, Johnston's attorney at the hearing advised the court that the sole focus of the hearing would be the competency issue. To the extent Johnston had wanted the court to enter further findings on the double enhancement or double jeopardy issue, he should have requested additional findings pursuant to CR 52.04.
The order of the Jefferson Circuit Court is affirmed.
ALL CONCUR.
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