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KIDD v. COM.

No. 2003-CA-000439-DG.

146 S.W.3d 400 (2004)

Nicholas Neal KIDD, Appellant, v. COMMONWEALTH of Kentucky, Appellee.

Court of Appeals of Kentucky.

Case Ordered Published by Court of Appeals October 1, 2004.

Attorney(s) appearing for the Case

Gregory K. Berry, Glasgow, KY, for appellant.

Albert B. Chandler III, Attorney General of Kentucky, James Havey, Assistant Attorney General, James Havey, Assistant Attorney General, Frankfort, KY, for appellee.

Before COMBS, Chief Judge; BUCKINGHAM and TACKETT, Judges.

COMBS, Chief Judge.

Nicholas Kidd (the appellant) has sought discretionary review of an opinion of the Barren Circuit Court, which reversed a judgment notwithstanding the verdict (JNOV) entered by the Barren District Court.

Kidd was arrested and charged with driving under the influence of marijuana (DUI), a violation of KRS1 189A.010(1)(c). After a jury found him guilty of the charge, Kidd persuaded the district court that the...

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