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Lopez v. Commonwealth10/20/2005 tte District Court properly instructed the jury but erroneously failed to sustain the objections to the prosecutor's opening statement and closing argument. We remand this case to the Fayette District Court for retrial in accordance with this opinion and with the Fayette Circuit Court's ruling on the evidence issue.
Lambert, C.J.; Graves, Johnstone, Roach, and Scott, JJ., concur. Wintersheimer, J., concurs in result only without opinion.
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