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COMMONWEALTH v. FUGATE

2015-SC-000597-DG.

527 S.W.3d 43 (2017)

COMMONWEALTH of Kentucky, Appellant v. William FUGATE, Appellee.

Supreme Court of Kentucky.

MODIFIED: August 24, 2017.

Rehearing Denied August 24, 2017.

Attorney(s) appearing for the Case

COUNSEL FOR APPELLANT: Andy Beshear , Attorney General of Kentucky, Micah Brandon Roberts , Frankfort, Assistant Attorney General.

COUNSEL FOR APPELLEE: Kathleen Kallaher Schmidt , Assistant Public Advocate.

William Fugate was arrested for operating a motor vehicle on a DUI-suspended license. Because it was his third such offense in less than three years, the Commonwealth charged him with a Class D felony under the penalty-enhancement provision in KRS 189A.090(2)(c). Fugate challenged this enhancement by collaterally...

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