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COM. v. BEARD

No. 2006-CA-001990-DG.

275 S.W.3d 205 (2008)

COMMONWEALTH of Kentucky, Appellant, v. Dustin BEARD, Appellee.

Court of Appeals of Kentucky.

Discretionary Review Denied by Supreme Court February 11, 2009.

Attorney(s) appearing for the Case

Gregory D. Stumbo, Attorney General of Kentucky, Perry T. Ryan, Assistant Attorney General, Frankfort, KY, for appellant.

Samuel N. Potter, Assistant Public Advocate, Frankfort, KY, for appellee.

Before COMBS, Chief Judge; ACREE and THOMPSON, Judges.

OPINION

COMBS, Chief Judge.

On August 17, 2006, the Calloway Circuit Court vacated Dustin Beard's plea of guilty to driving under the influence, second offense (hereinafter DUI 2nd), entered in the Calloway District Court. Beard had previously been charged with driving under the influence, first offense, but had not been convicted of that offense when he was charged with the second. The circuit court held that he could not be charged with DUI 2nd...

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