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COMMONWEALTH v. JACKSON

2016-SC-000530-TG (2016-CA-001399-MR) 2016-SC-000531-TG (2016-CA-001400-MR).

529 S.W.3d 739 (2017)

COMMONWEALTH of Kentucky, Appellant v. Joshua Deante JACKSON, Appellee and Commonwealth of Kentucky, Appellant v. Telly Savalas Denson, Appellee.

Supreme Court of Kentucky.

September 28, 2017.

Attorney(s) appearing for the Case

COUNSEL FOR APPELLANT: Andy Beshear , Attorney General, Perry Thomas Ryan , Assistant Attorney General.

COUNSEL FOR APPELLEES: Steven Jared Buck , Assistant Public Advocate, Department of Public Advocacy.

COUNSEL FOR AMICUS CURIAE KENTUCKY ASSOCIATION OF CRIMINAL DEFENSE LAWYERS: James David Niehaus , Professional Arts Building, 4th Floor, 730 W. Market Street, Louisville, KY 40202, Amy Irene Hannah , President, KACDL, P.O. Box 326, Hebron, KY 41048, Joshua Michael Reho , Advocacy Plaza, 719 West Jefferson Street, Louisville, KY 40202.

In April 2016, the Governor signed into law SB 56, which amended KRS 189A.010, Kentucky's principal driving under the influence of alcohol (DUI) statute. Subsection (5) of KRS 189A.010 provides substantially enhanced penalties for subsequent DUI offenses committed within a specified

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