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HOURIGAN v. COM.

No. 93-CA-0483-MR.

883 S.W.2d 497 (1994)

Pamela HOURIGAN, Real Party in Interest; and Sheila Isaac, District Court Judge, Appellants, v. COMMONWEALTH of Kentucky, Appellee.

Court of Appeals of Kentucky.

Discretionary Review Denied and Opinion Ordered Published By Supreme Court August 24, 1994.

Attorney(s) appearing for the Case

Jeffrey A. Darling, James D. Lyon, Lyon, Golibersuch & Darling, P.S.C., Lexington, for appellants.

Susan Hudson, Stephanie Bingham, Asst. Fayette County Attys., Lexington, Chris Gorman, Atty. Gen., Frankfort, for appellee.

Before LESTER, C.J., and DYCHE and HOWERTON, JJ.

DYCHE, Judge.

Appellant was charged with a violation of KRS 189A.010, driving under the influence; as she had been previously convicted of this offense, the Commonwealth elected to seek the enhanced penalty as provided for in the statute. At trial, the prosecutor's opening statement (RCr 9.42[c]) failed to include the details regarding the prior offense. Counsel for appellant moved the court for a directed verdict of acquittal, asserting that the Commonwealth set...

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