
    COMMONWEALTH of Kentucky, Movant, v. Terry Lee GILBERT, Respondent.
    Supreme Court of Kentucky.
    Oct. 2, 1979.
    Robert F. Stephens, Atty. Gen., Miles H. Franklin, Asst. Atty. Gen., Frankfort, for movant.
    Terrence R. Fitzgerald, Chief App. Defender of the Jefferson District Public Defender, Louisville, for respondent.
   OPINION AND ORDER

The motion of the Commonwealth of Kentucky for a review of the decision of the Court of Appeals is granted.

The decision of the Court of Appeals, 581 S.W.2d 368, rendered September 15,1978, is now vacated, and this proceeding is remanded to the Court of Appeals for reconsideration in light of Kentucky v. Whorton, 441 U.S. 786, 99 S.Ct. 2088, 60 L.Ed.2d 640 (1979), and this court’s opinion in Whorton v. Commonwealth, Ky., 585 S.W.2d 388, 1979.

All concur.

Entered October 2, 1979.

/s/John S. Palmore Chief Justice  