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KOHLER v. COM.

No. 96-CA-0138-MR.

944 S.W.2d 146 (1997)

Judd KOHLER, Appellant, v. COMMONWEALTH of Kentucky, TRANSPORTATION CABINET; Commonwealth of Kentucky, Justice Cabinet; and Honorable Robert E. Goebel, District Judge, Appellees.

Court of Appeals of Kentucky.

Case Ordered Published by Court of Appeals May 9, 1997.

Attorney(s) appearing for the Case

Richard T. Ford, Owensboro, for appellant.

W. David Shearer, Jr., P.S.C., Louisville, for appellee Transportation Cabinet.

Before COMBS, DYCHE and EMBERTON, JJ.

DYCHE, Judge.

Appellant Judd Kohler was convicted of driving while under the influence of intoxicants ("DUI") on May 21, 1991, and December 12, 1991. Following an amendment to the DUI statute effective July 1, 1991, Kohler was again charged with such a violation. He entered a plea of guilty to the charge on October 31, 1994; by agreement of the Commonwealth, the conviction was denominated a "second offense." On November 22, 1994, the trial court entered an order purporting...

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