McINTOSH v. COM.

No. 89-CA-000234-DG.

787 S.W.2d 270 (1990)

George McINTOSH, Appellant, v. COMMONWEALTH of Kentucky, Appellee.

Court of Appeals of Kentucky.

Discretionary Review Denied by Supreme Court May 16, 1990.


Attorney(s) appearing for the Case

Hugh B. Bishop, Henderson, for appellant.

Frederic J. Cowan, Atty. Gen. and Perry T. Ryan, Asst. Atty. Gen., Frankfort, for appellee.

Before CLAYTON, MCDONALD and LESTER, JJ.


CLAYTON, Judge:

This appeal arises from the conviction of McIntosh for driving under the influence (DUI) in violation of KRS 189A.010(1). He alleges that his conviction violates constitutional and statutory proscriptions against double jeopardy. We disagree, but reverse since there is a jurisdictional defect.

McIntosh was charged on June 29, 1988, with DUI and driving without insurance. He appeared thereafter, on July 5, 1988, before the trial commissioner...

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