EVANS v. COM.

No. 1999-SC-0693-DG.

45 S.W.3d 445 (2001)

Troy EVANS, Appellant, v. COMMONWEALTH of Kentucky, Appellee.

Supreme Court of Kentucky.

January 25, 2001.


Attorney(s) appearing for the Case

Irvin J. Halbleib, Appellate Public Advocate, Louisville, for Appellant.

A.B. Chandler III, Attorney General of Kentucky, Ian G. Sonego, Assistant Attorney General, Criminal Appellate Division, Office of the Attorney General, Frankfort, for Appellee.


LAMBERT, Chief Justice.

We granted discretionary review to decide whether a single jury instruction allowing a DUI conviction under alternative theories of criminal liability contained in the DUI statute, KRS 189A.010(1), is improper if no separate findings are made as to each of the means of commission of the offense.

The facts giving rise to this issue are as follows. On May 3, 1997, the Chief of Police of Elkhorn City, Paul Floyd, observed the appellant...

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