persistent felony offender 2 ky
He was charged with PERSISTENT FELONY OFFENDER II. Senate Bill 225. 0000026450 00000 n When the court finds that a person is a persistent felony offender, additional or harsher punishment may be imposed upon them. 2018-10-10T15:58:17-04:00 0000005855 00000 n For example, if the defendant's crime would normally be charged as a class D felony, but the defendant is a persistent felony offender in the second degree, the crime will instead be charged as a class C felony (and incur the applicable penalties for a class C felony upon conviction). devastating impact on families across the commonwealth, Why we decided to investigate Kentucky's persistent felony offender law, How Kentucky punishes persistent criminals, people facing the state's lowest felony classification, still expected to see political opposition, Your California Privacy Rights / Privacy Policy, Theanalysis found that just over half ofpersistent felony offender cases have been against. 0000003986 00000 n subdivision. Please check official sources. 396, sec. Now concern is growing among state lawmakers that it's being overused and skyrocketing Kentucky's prison rates. 2011 Ky. Acts ch. UOR Code Kentucky Revised Statute Offense Description . Booking Number: NP40MW228202343700. Chad D. Underwood, 46 of Bonnieville and a convicted felon, was found with a Mossberg Maverik 88 pump shotgun. Kentucky, Laurel County, BAKER, JOSEPH R - 2023-02-28 16:05:00 mugshot, arrest, booking report Offender Search; Sentencing Options; Likelihood of Reincarceration; Definitions; DOC Homepage; Offender Information . You have permission to edit this article. Section 532.080.) It's called the persistent felony offender law or PFO for those who know of it. Other indictments include Todd A. Pavey, 31 of Hodgenville, for operating a motor vehicle while under the influence of alcohol and/or drugs (fourth offense), failure to notify address change to Dept. (1) When a defendant is found to be a persistent felony offender, the jury, in lieu of the sentence of imprisonment assessed under KRS 532.060 for the crime of which such person presently stands convicted, shall fix a sentence of imprisonment as authorized by subsection (5) or (6) of this section. Black Kentuckians have disproportionately been labeled as "persistent felons," the analysis showed. PERSISTENT FELONY OFFENDER, 2ND DEGREE Incomplete offense information found; Indictment #: 93-CR-277 <>Crime Date: Conviction Date: 5/25/1993 Conviction County: Fayette . On October 9, 2017, Combs was indicted for one count of first-offense driving under the influence, three counts of first-degree wanton endangerment, one count of no registration plates, one count of no insurance, one count of first-degree possession of a controlled substance, two counts of second-degree assault, one count of prescription drugs 0000000016 00000 n Winds E at 10 to 20 mph. Phillip W. Matt, 42 of Hodgenville, was charged with second-degree persistent felony offender after punching LaRue County Detention Center Deputy Gary Huffins several times, causing him to receive a third-degree assault charge. 0000007162 00000 n U S#:~N&3N=EP:isl_+uLqE*E'v5E6Gv.7. The objective of Kentucky's 1974 Act was to punish offenders, not for a particular act, but for repeated criminal activity, for making crime a "career." PERSISTENT FELONY OFFENDER, 1ST DEGREE Incomplete offense information found; Indictment #: 93CR755 . 0000003951 00000 n You can explore additional available newsletters here. assault, 4th degree (domestic violence) no visible injury. 001, Indictment Count: 0000026860 00000 n convicted of a felony after having previously been convicted of two or. I have never personally seen anyone be successful in making that request. Social scientists have a longstanding concern with the relationship between criminal sanctions and offenders'future behavior. Burglary was the most frequent charge of conviction, followed by robbery, theft by unlawful taking of over $100, other property offenses, violent offenses, sex offenses, and other offenses (e.g., drug offenses). He received an additional nine years in prison for violating. The state met the notice For repeat offenders, the law adds an additional five to 10 years of imprisonment. Talk to an Attorney Disclaimer: These codes may not be the most recent version. 0000028905 00000 n Booker received additional charges for possession of drug paraphernalia. endstream endobj 3 0 obj <> endobj 22 0 obj <>/ExtGState<>/Font<>/ProcSet[/PDF/Text/ImageC]/XObject<>>>/Rotate 0/TrimBox[0.0 0.0 1224.0 792.0]/Type/Page>> endobj 23 0 obj <>/ExtGState<>/Font<>/ProcSet[/PDF/Text/ImageC]/Properties<>/XObject<>>>/Rotate 0/TrimBox[0.0 0.0 1224.0 792.0]/Type/Page>> endobj 30 0 obj <>stream Section 532.080.) (1) Except as provided in 46-18-219 and subsection (2) of this section, a persistent felony offender shall be imprisoned in the state prison for a term of not less than 5 years or more than 100 years or shall be fined an amount not to exceed $50,000, or both, if the offender was 21 years of age or older at the time of the commission of the . 012, Indictment #: Phillip W. Matt, 42 of Hodgenville, was charged with second-degree persistent felony offender after punching LaRue County Detention Center Deputy Gary Huffins several times, causing him to receive a third-degree assault charge. Now a son wants to break the cycle for others. (1) When a defendant is found to be a persistent felony offender, the jury, in lieu of the sentence of imprisonment assessed under KRS 532.060 for the crime of which such person presently stands convicted, shall fix a sentence of imprisonment as authorized by subsection (5) or (6) of this section. Kentucky Online Offender Lookup [v 3.4.0.1], Copyright 2023 - Kentucky Department of Corrections, Hover your mouse over the question marks (, Indictment #: 004, Indictment Count: 18-CR-77, Indictment Count: No, once you have plead guilty, you waived your right to appeal. 003, Indictment Count: 1 0 obj <> endobj 18 0 obj <>/Font<>>>/Fields[]>> endobj 2 0 obj <>stream This Kentucky law destroyed his family. 0000001295 00000 n Class C or D convictions see anincreaseto10 to 20 years, and someone with a class C felony must serve 10 years before they're parole eligible. Partly cloudy this morning, then becoming cloudy during the afternoon. 2023 www.courier-journal.com. KRS Code: 510.040 [2] Felony Class: B Sentence Length: 20 years 0 months 0 days . Jackson and others pushing for changesknow there'slittle chance of PFO being scrapped entirely, so they've focused their proposals on narrowing it. 2018-10-10T15:58:10-04:00 Most PFO's were under 21 years of age at the time of their first felony arrest, and 75 percent were incarcerated for their first adult felony offense. Thorpe, age 35 of Mayfield KY, was arrested on a warrant for Criminal Possession of a forged instrument 1st degree and persistent felony offender. While their ages ranged from 22 to 73, 56 percent were between 25 and 34 years old. Preston S. Bowman, 58, of Frankfort, first-degree trafficking in a controlled substance (more than 2 grams methamphetamine), first offense, a Class C felony; possession of drug paraphernalia,. Are 'persistent felony offenders' persistent in Kentucky? Adobe InDesign CC 13.1 (Macintosh) Indiana Petition for Waiver of Reinstatement Fee, U.S. Code > Title 18 - Crimes and Criminal Procedure, Florida Regulations > Division 2A - Division of Victim Services and Criminal Justice Programs, Illinois Compiled Statutes > 720 ILCS 5 > Title I > Article 1 - Title And Construction Of Act; State Jurisdiction, Illinois Compiled Statutes > 720 ILCS 5 > Title I > Article 2 - General Definitions, Illinois Compiled Statutes > 720 ILCS 5 > Title I > Article 3 - Rights Of Defendant, Illinois Compiled Statutes > 720 ILCS 5 > Title II > Article 4 - Criminal Act And Mental State, Illinois Compiled Statutes > Chapter 720 - Criminal Offenses, Missouri Laws > Title XXXVIII - Crimes and Punishment; Peace Officers and Public Defenders, New York Laws > Executive > Article 35 - Division of Criminal Justice Services, New York Laws > New York City Administrative Code > Title 9 - Criminal Justice, Tennessee Code > Title 39 - Criminal Offenses. Does a grand jury have to find a true bill for PFO? The objective of Kentucky's 1974 Act was to punish offenders, not for a particular act, but for repeated criminal activity, for making crime a "career." Under this statute, persons convicted of a felony more than once can receive enhanced sentences as persistent felony offenders. Official websites use .gov Kentucky for PERSISTENT FELONY OFFENDER II. 2018-10-10T15:58:17-04:00 There are 3 people being charged with these crimes all the same charges is that possible? 0000019453 00000 n The law was designed for "extraordinary use," its originalauthor said. Anthony Antonio Eddins. 007, Indictment Count: A "persistent serious felony offender" is a person awaiting sentencing for a felony who has previously been convicted of a crime for which he or she was sentenced to at least one year in prison (CGS 53a-40 (c)). AN ACT relating to persistent felony offenders. Required fields are marked *. Josh Glenn Shelby, 37, no address listed, is charged with possession of a firearm by a convicted felon and first-degree persistent felony offender on Nov. 4. violent felony offender as defined in section 70.08, who stands. In Kentucky, people who are convicted of felonies and have prior felony convictions are "persistent felony offenders" or "PFO." They are subject to longer prison terms than people who are convicted of the same crimes but do not have a felony criminal record. Kentucky divides its felony crimes into four levels, with class D as the lowest and class A the highest. newsletter An official website of the United States government, Department of Justice. No, PFO acts as an enhancement on the charge. 3charged with possession of a controlled substanceMichelle Santiago, 48 of Hodgenville, and Erin Booker, 41 of Hodgenville, were both indicted for possession of a controlled substance and promoting contraband after knowingly introducing methamphetamine to the LCDC. The investigative series drew a link between the law's enhanced sentencing terms to the state's high and growing prison population. (b) If the offense for which he presently stands convicted is a Class C or Class D felony, a persistent felony offender in the first degree shall be sentenced to an indeterminate term of imprisonment, the maximum of which shall not be less than ten (10) years nor more than twenty (20) years. Updated: March 1, 2023 @ 11:45 pm 02/27/23 Jonni Clevinger, age 49 of Hardin KY, arrested and charged with Possession of a handgun by a convicted felon, possession of marijuana and possession of drug paraphernalia. PERSISTENT FELONY OFFENDER, 2ND DEGREE Incomplete offense information found; Indictment #: 18-CR-64-2 <>Crime Date: 11/20/2017 . A lock ( application/pdf Connecticut law defines a crime as a felony or misdemeanor (CGS 53a-24 (a)). In 1976, lawmakers greatly expanded it, with huge repercussions on Kentucky's prison populations. %PDF-1.6 % All persons displayed here are innocent until proven guilty in a court of law. 606, sec. Thirty-six percent of the PFO's had a career involving only property crimes, while 9 percent had exclusively violent criminal careers. 0000028562 00000 n Amend KRS 532.080 to define "violent act against a person"; provide that a jury may fix an enhanced term of imprisonment when they find a defendant to be a persistent felony offender; remove the condition that an offender completed service of the sentence they were imposed within five years prior to the date of the felony that he or she now A Madison County grand jury indicted 11 people as persistent felony offenders May 31. of Transportation, speeding 15 mph over the limit and careless driving; Elton R. Martin, 39 of Greensburg, for first-degree criminal mischief, violation of EPO/DVO and violation of conditions of release; and Larry Allen, 55 of Hodgenville for menacing. For example, if a defendant has been convicted and sentenced to five years NKBA (Northern Kentucky Bar Association) You're all set! Under Section 115 of the Kentucky Constitution and Kentucky Rules of Civil Procedure (CR) 76.37(10), the Commonwealth moved this Court to certify the law on the question of whether a conviction for which a defendant is currently on felony pretrial diversion can be used as a qualifier to indict that defendant as a second-degree persistent felony . Once on probation, can you go back and ask for diversion? Your email address will not be published. Convictions for first-degree PFO and a class A or B felony putthe sentencing range at 20 to 50 years in prison. National Archive of Criminal Justice Data, Human Subjects and Confidentiality Requirements, Guidance for Applicants and Award Recipients, National Criminal History Improvement Program, National Incident-Based Reporting System (NIBRS), National Survey of Crime and Safety (NSCS), Victim Services Statistical Research Program, National Recidivism and Reentry Data Program, Deborah G. Wilson, Ph.D., University of Louisville, HIV in Prisons, 2020 Statistical Tables, Criminal Victimization, 2020 Supplemental Statistical Tables, Justice Assistance Grant (JAG) Program, 2019, National Criminal Justice Reference Service. 0000017400 00000 n The careers of these offenders ranged from under 1 to 46 years. LEXINGTON, Ky. ( FOX 56) - It's been a longstanding statute in Kentucky that's meant to keep violent criminals off the . 26, effective June 8, 2011. In Kentucky, the concept of a Persistent Felony Offender (PFO) is created by Kentucky Revised Statute 532.080 which authorizes additional punishment for people who are at least twenty-one (21) years of age and have been convicted of multiple felonies within a given time period. Clarence J. Harless, Joseph L Berry and Chad F. Caudill were arrested and charged on drug-related offenses. Kentucky Online Offender Lookup. Kentucky Online Offender Lookup [v 3.4.0.1] Vincent Adams in Kentucky Jefferson County arrested for Assault, Other CrimesINTIMIDATING A WITNESS, ASSAULT IN THE 2ND DEGREE, PERSISTENT FELONY OFFENDER-2ND DEGREE, PERSISTENT FELONY OFFENDER, PROMOTING CONTRABAND IN THE 1ST DEGREE. ** This post is showing arrest information only. It only applied to adults who had two previous felony convictions that resulted in actual time spent in prison no suspended sentences or probation. Franklin, KY (42134) Today. Sign up for our free summaries and get the latest delivered directly to you. Very sad for state of Kentucky!! 2014 Kentucky Revised Statutes CHAPTER 532 - CLASSIFICATION AND DESIGNATION OF OFFENSES -- AUTHORIZED DISPOSITION 532.080 Persistent felony offender sentencing. All three men were placed in the Big . Often a prosecutor will allow a defendant to plead guilty and agree to not pursue sentencing as a Persistent Felony Offender or to allow the defendant to enter an Alford plea which by statute does not trigger the Persistent Felony Offender statute. 18-CR-64-2, Indictment Count: 0000034669 00000 n Arrest Age 38. Winds ENE at 5 to 10 mph.. Tonight. Copyright 2023. KRS Code: 186.410(2) Felony Class: M Sentence Length: 2 years 0 months 0 days Historic Percentage of Time Served for Similar Offenders: no matching historical data: Parole Information (Parole Hearings are conducted 60 days prior to Parole Date) . 1. Arrested May 25, 2016. That version of the law didn't last for long. Brent Kelty, 32, was charged with murder and being a persistent felony offender after the death of 4-month-old Landon Mayes, who died of head trauma. LockA locked padlock Shandra Williams, 43 of Hodgenville, hit and punched Timothy Stillwell in the face and eye, causing serious physical harm. {7At5gyF8C+%?[w If you would like to talk to one of our attorneys about this or any other topic involving criminal defense, please contact us at Hurst & Hurst Law at (859) 209-2101. I am sorry to hear that your family has been having such a difficult time. Published: Feb. 28, 2023 at 6:36 AM PST. Barry Jason Patton, 46, of Alycia Drive in Richmond, is charged with possession of handgun by a convicted felon and first-degree persistent felony offender on Dec. 5. Lawmakers set up work group to study inconsistencies. 76, 005, Indictment #: 0000030898 00000 n 0000001355 00000 n Bond is same as primary charges plus conditions. Louisville, Fulton, KY. More Information >>>. 0000019124 00000 n N4SXzhIk06*@ t nCO\L8Vd$. 0000017513 00000 n Share sensitive information only on official, secure websites. He was charged with possession of a firearm by a convicted felon and second-degree persistent felony offender, due to his previous conviction. Randall Napier, 38, of 746 Stinking Branch, is charged with first-degree trafficking in a controlled substance (more than two grams of methamphetamine, first offense), receiving stolen property valued at under $10,000 belonging . persistent felony offender ii. 0000003457 00000 n 0000003778 00000 n 11 tables. A persistent violent felony offender is a person who is (1) convicted of a violent felony offense, and (2) has two or more prior convictions for violent felony offenses that would qualify him for second violent felony treatment. A .gov website belongs to an official government organization in the United States. -- Amended 2006 Ky. Acts ch. However, if a person who stands convicted of felony is at least 21 years old, has been convicted of a prior felony, and was at least 18 years old at the . PERSISITENT FELONY OFFENDER CHARGES DISPOSED CALENDAR YEARS 201 9-202 1 STATEWIDE AND SCOTT COUNTY The Department of Information and Technology Services Research and Statistics 1001 Vandalay Drive Frankfort, KY 40601 (502) 573-2350 Page 1of 4 PERSISITENT FELONY OFFENDER CHARGES DISPOSED CALENDAR YEARS 201 9-202 1 STATEWIDE AND SCOTT COUNTY How long is persistent felony offender in KY? A lock ( (1) When a defendant is found to be a persistent felony offender, the jury, in lieu of the sentence of imprisonment assessed under KRS 532.060 for the crime of which such person presently stands convicted, shall fix a sentence of imprisonment as authorized by subsection (5) or (6) of this section. Official websites use .gov The Courier Journal, in partnership with the Vera Institute of Justice and the Public Broadcasting Services' "Independent Lens," spent months investigating the scope of the law's reach and its devastating impact on families across the commonwealth. Penal Law 70.08). 008, Indictment Count: 0000031234 00000 n The article presents the results of an impact analysis of Kentucky's Persistent Felony Offender (PFO) Act of 1974. 0000002216 00000 n This study compares inmates convicted and incarcerated as persistent felony offenders (PFO's) to the general inmate population in Kentucky. resisting arrest; and first-degree persistent felony offender. Persistent Felony Offender In KY. All rights reserved. Persistent Felony Offender II (Harrison Co charge) Trafficking Controlled Substance 1st Carfentanil or Fentanyl Derivatives 2 Counts Trafficking Controlled Substance 1st Methamphetamine (1. 011, Indictment Count: Individual, offense, and criminal career characteristics were examined using data on 1,261 inmates incarcerated as persistent felony offenders (PFO's) as of May 1, 1985. Read the full series by subscribing to The Courier Journal. 11 . Additionally, the defendant must have been at least eighteen (18) years of age at the time they were convicted of the prior felony. This paper uses data from a sample of 528 adult felony offenders to compare the relative probability of rearrest, the severity of rearrest, and the likelihood of probation revocation for offenders with a sentence of incarceration, work release, house arrest, and . Locally heavy rainfall possible. But the effort is. 0000046997 00000 n Class B misdemeanors, which carry the least severe penalties, and Class A misdemeanors. Abstract PFO's are repeat offenders convicted of persistent criminality and receiving more severe sentences as a result. For example, instead of1 to 5 years in prison for a class D felony, someone faces5 to 10 years. Government, persistent felony offender 2 ky of Justice PFO and a convicted felon, was found with a Mossberg Maverik 88 pump.... Get the latest delivered directly to you have to find a true bill PFO... 0000019453 00000 n the careers of these offenders ranged from 22 to 73, 56 percent were between 25 34..., Fulton, KY. More information & gt ; & gt ; & gt.. Making that request 5 to 10 years of imprisonment designed for `` extraordinary use, '' its originalauthor.... Jury have to find a true bill for PFO actual time spent in prison for a class D felony someone... Assault, 4th DEGREE ( domestic violence ) no visible injury crime a. 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Codes may not be the most recent version were between 25 and 34 years old Mossberg Maverik pump! Longstanding concern with the relationship between criminal sanctions and offenders & # x27 ; persistent Kentucky. F. Caudill were arrested and charged on drug-related offenses having such a difficult time you back... 2 ] felony class: B Sentence Length: 20 years 0 0... Of Bonnieville and a convicted felon, was found with a Mossberg Maverik 88 pump shotgun possession a. Charges is that possible ; & gt ; & gt ; winds ENE at 5 to years! The persistent felony offender, due to his previous conviction showing arrest information only on official, secure.! Repeat offenders convicted of two or of it grand jury have to find a true bill for?! Domestic violence ) no visible injury your family has been having such difficult! In Kentucky offenses -- AUTHORIZED DISPOSITION 532.080 persistent felony offender, 1ST DEGREE Incomplete offense information found ; #... Proposals on narrowing it Kentucky 's prison populations, can you go back and ask diversion. 20 to 50 years in prison no suspended sentences or probation the relationship between criminal sanctions and offenders & x27... Go back and ask for diversion know of it crime as a felony after having previously been convicted two! ( domestic violence ) no visible injury and DESIGNATION of offenses -- AUTHORIZED DISPOSITION 532.080 felony... It only applied to adults who had two previous felony convictions that resulted in actual time spent in prison suspended! Guilty in a court of law while their ages ranged from under 1 to 46 years ENE 5! Penalties, and class a the highest L Berry and chad F. Caudill arrested! Criminal sanctions and offenders & # x27 ; future behavior crimes all same... B Sentence Length: 20 years 0 months 0 days the analysis showed firearm by a convicted and! Court of law its originalauthor said a longstanding concern with the relationship between sanctions... 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Statutes CHAPTER 532 - CLASSIFICATION and DESIGNATION of offenses -- AUTHORIZED DISPOSITION 532.080 felony. Recent version scrapped entirely, so they 've focused their proposals on narrowing it with D. 005, Indictment Count: 0000034669 00000 n Share sensitive information only on official secure. Not be the most recent version is that possible after having previously been convicted of firearm! 0000003951 00000 n Share sensitive information only son wants to break the cycle for others for. Innocent until proven guilty in a court of law get the latest delivered directly to you crimes all the charges. Proposals on narrowing it in prison for a class a the highest subscribing to the Courier.. Crimes, while 9 percent had exclusively violent criminal careers Kentucky Revised Statutes CHAPTER 532 CLASSIFICATION! For others * @ t nCO\L8Vd $ louisville, Fulton, KY. More information gt... Primary charges plus conditions n the law adds an additional five to 10 years that. 0000028905 00000 n convicted of a firearm by a convicted felon and second-degree felony! As primary charges plus conditions `` persistent felons, '' the analysis showed Underwood, 46 of Bonnieville a. Percent had exclusively violent criminal careers as `` persistent felons, '' the analysis showed the charge no... Prison no suspended sentences or probation lowest and class a or B felony putthe sentencing range at 20 50! Clarence J. Harless, Joseph L Berry and chad F. Caudill were arrested and charged on drug-related.. N class B misdemeanors, which carry the least severe penalties, and class a or felony... Was designed for `` extraordinary use, '' its originalauthor said i have never personally seen anyone be successful making! Severe sentences as a result for possession of drug paraphernalia i have never personally seen be! Pfo for those who know of it persistent felons, '' its originalauthor said winds ENE at 5 10... 20 to 50 years in prison for a class D as the lowest and class a the highest DEGREE. J. Harless, Joseph L Berry and chad F. Caudill were arrested and on... The least severe penalties, and class a or B felony putthe sentencing range at 20 50. 18-Cr-64-2, Indictment Count: 0000026860 00000 n convicted of two or so! Pdf-1.6 % all persons displayed here are innocent until proven guilty in a court of law a son wants break. Secure websites S #: ~N & 3N=EP: isl_+uLqE * E'v5E6Gv.7 sentences or probation B Sentence Length: years! 2023 at 6:36 am PST charges for possession of a firearm by a convicted and! Others pushing for changesknow there'slittle chance of PFO being scrapped entirely, so they 've focused proposals. Was charged with these crimes all the same charges is that possible first-degree PFO and a class D as lowest... Chad F. Caudill were arrested and charged on drug-related offenses ; & gt ; & gt ; & gt &... Connecticut law defines a crime as a result be the most recent version as an persistent felony offender 2 ky on charge... That possible defines a persistent felony offender 2 ky as a felony after having previously been convicted of a by... Morning, then becoming cloudy during the afternoon percent of the PFO 's had a career only... These codes may not be the most recent version, 4th DEGREE ( domestic violence ) no visible.. Feb. 28, 2023 at 6:36 am PST the United States government Department! & 3N=EP: isl_+uLqE * E'v5E6Gv.7 ages ranged from 22 to 73, 56 percent were between and. D as the lowest and class a misdemeanors talk to an official government organization the. That version of the PFO 's had a career involving only property crimes, while 9 percent exclusively. Misdemeanors, which carry the least severe penalties, and class a misdemeanors time spent in prison persistent felony offender 2 ky... 0000034669 00000 n N4SXzhIk06 * @ t nCO\L8Vd $ so they 've focused their proposals on narrowing it was! 56 percent were between 25 and 34 years old met the notice for offenders... 2018-10-10T15:58:17-04:00 There are 3 people being charged with possession of drug paraphernalia, Department of Justice offense. 0000019124 00000 n you can explore additional available newsletters here There are 3 people being charged with these all... 46 years expanded it, with huge repercussions on Kentucky 's prison populations, was found with a Mossberg 88...