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COZZOLINO v. COM.

No. 2011-CA-000656-DG.

395 S.W.3d 485 (2012)

Thomas George COZZOLINO, Appellant v. COMMONWEALTH of Kentucky, Appellee.

Court of Appeals of Kentucky.

Discretionary Review Denied by Supreme Court April 17, 2013.

Attorney(s) appearing for the Case

Michael R. Mazzoli , Paul S. Gold , Louisville, KY, for appellant.

Jack Conway , Attorney General of Kentucky, Michael J. O'Connell , Jefferson County Attorney, David A. Sexton , Special Assistant Attorney General, Assistant Jefferson County Attorney, Louisville, KY, for appellee.

Before COMBS and STUMBO, Judges; LAMBERT, Senior Judge.

OPINION

STUMBO, Judge:

Thomas Cozzolino appeals from an order of the Jefferson Circuit Court reversing a directed verdict of the Jefferson District Court acquitting him of DUI. He argues that the Commonwealth cannot appeal from a directed verdict of acquittal under the Double Jeopardy Clause of the United States and Kentucky Constitutions. U.S. CONST. amend. V; KY Const. § 13; KY Const. § 115. We agree and vacate the order of the Jefferson...

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