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COM. v. STEPHENSON

No. 2001-SC-0447-MR.

82 S.W.3d 876 (2002)

COMMONWEALTH of Kentucky, Real Party in Interest, and James Shake, Judge, Jefferson Circuit Court, Appellant, v. Stephen STEPHENSON, Appellee.

Supreme Court of Kentucky.

August 22, 2002.

Attorney(s) appearing for the Case

A.B. Chandler, III, Attorney General, Claudia Ann Smith, Louisville, for Real Party in Interest.

James M. Shake, Judge, Jefferson Circuit Court, Hall of Justice, Louisville, for Appellant.

Kenneth J. Bader, Louisville, for Appellee.

KELLER, Justice.

I. INTRODUCTION

In September of 1999, the Jefferson County Grand Jury returned an indictment against Appellee, Stephen Stephenson (hereinafter "Stephenson"), charging him with three (3) offenses: (1) First Degree Fleeing or Evading Police1 (a Class D felony); (2) Fourth Offense Operating A Motor Vehicle Under the Influence of Intoxicants2 (hereinafter "Fourth Offense DUI") (a Class...

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