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COM. v. MATTINGLY

No. 2001-CA-001096-DG.

98 S.W.3d 865 (2002)

COMMONWEALTH of Kentucky, Appellant, v. Joseph Corey MATTINGLY, Appellee.

Court of Appeals of Kentucky.

Discretionary Review Denied March 12, 2003.

Case Ordered Published by Supreme Court March 12, 2003.

Attorney(s) appearing for the Case

Joseph H. Mattingly, III, Lisa K. Nally-Martin, Office of the Marion County Attorney, Lebanon, KY, for appellant.

Samuel Todd Spalding, Jonathan R. Spalding, Lebanon, KY, for appellee.

Before COMBS, DYCHE, and KNOPF, Judges.

OPINION

KNOPF, Judge.

The Commonwealth brings this matter on discretionary review from an opinion and order of the Marion Circuit Court which set aside a conditional guilty plea entered by Joseph Corey Mattingly to the charge of driving under the influence (DUI), first offense.1 The Commonwealth asserts that when it elects to prosecute a DUI charge under KRS 189A.010(1)(a), a defendant may not present any evidence attempting...

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