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COM. v. GARNETT

No. 1998-CA-000776-MR.

8 S.W.3d 573 (1999)

COMMONWEALTH of Kentucky, Appellant, v. John GARNETT, Appellee.

Court of Appeals of Kentucky.

Discretionary Review Denied by Supreme Court December 9, 1999.

Attorney(s) appearing for the Case

A.B. Chandler, III, Attorney General, Todd D. Ferguson, Assistant Attorney General, Frankfort, Kentucky, for Appellant.

Elizabeth Shaw, Richmond, Kentucky, for Appellee.

Before HUDDLESTON, McANULTY and SCHRODER, Judges.

OPINION

HUDDLESTON, Judge:

This is an appeal by the Commonwealth of Kentucky from a McCracken Circuit Court order granting John Garnett's motion to disallow the use of a 1991 conviction for operating a motor vehicle on a license suspended for driving under the influence (OSL) to enhance his current charge to a felony.

Garnett was indicted for, among other things, Operating a Motor Vehicle on a License...

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