COM. v. RHODES

No. 95-CA-1495-DG.

949 S.W.2d 621 (1996)

COMMONWEALTH of Kentucky, Appellant, v. James P. RHODES, III, Appellee.

Court of Appeals of Kentucky.

Case Ordered Published by Court of Appeals November 22, 1996.

Discretionary Review Denied by Supreme Court August 27, 1997.


Attorney(s) appearing for the Case

Chris Gorman, Attorney General, Perry T. Ryan, Assistant Attorney General, Frankfort, for Appellant.

John Douglas Hubbard, Michelle A. Buckley, Fulton, Hubbard & Hubbard, Bardstown, for Appellee.

Before WILHOIT, C.J., and DYCHE and GUDGEL, JJ.


DYCHE, Judge.

The Commonwealth of Kentucky has been granted discretionary review of the Nelson Circuit Court's judgment reversing James Rhodes III's conviction for driving under the influence. We affirm in part, reverse in part and remand to the Nelson District Court.

On September 11, 1993, Kentucky State Trooper Mitch Gosser noticed appellee driving erratically. The trooper decided to pull Rhodes over on suspicion of drunk driving, but Rhodes had other plans...

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