![]() The Commonwealth appealed to the Court of Appeals. The circuit court held that the convictions exceeding the former five-year / look-back period could not be used to elevate the current DUI charges to DUI, Fourth Offense. look-back period of the former law, but within the ten-year look-bacl~ period of the current law.prior to his current, and thus beyond the fiveyear.Both defendants had prior convictions for,DUI offenses including one committed more than five years but less than ten years In separate prosecutions in the Warren Circuit Court, Joshua Deante Jackson and Telly Sayalas Denson were charged with DUI, Fourth Offense, for offenses that occurred after the newlyamended version of KRS 189A.010.A unique issue, created by-the 2016 amendment of the look-back period, arises in the cases now before this Court. Correspondingly, the additional five years during which DUI offenses can serve as penalty-enhancing prior offenses means that more DUI offenders.with prior DUI convictions will be subject to enhanced sentences. Obviously, the expanded ten-year look-back period will capture more prior DUI offenses than the former five-year period. By the terms of the bill, the new ten-year look-back period went into effect immediately. amendment increased the look-back period from five years to ten years. ![]() Subsequent offenses committed after the look-back period are not subject to enhancement. Subsection (5) of KRS 189A.010 provides substantially enhanced penalties for subsequent DUI offenses committed within a specified time frame, which we refer to as the "look-back" period. APPELLEE TELLY SAVALAS DENSON ) OPINION OF THE COURT BY JUSTICE VENTERS REVERSING In April 2016, the Governor signed l.nto law SB 56, which amended KRS 189A.010, Kentucky's principal driving under the influence o(alcohol (DUI)./ statute. AND 2016-SC-000531-TG (2016-CA-OO 1400-MR) COMMONWEALTH OF KENTUCKY APPELLANT ON APPEAL FROM WARREN CIRCUIT COURT HONORABLE JOHN GRISE, JUDGE NO. RENDERED: SEPTEMTO BE PUBLISHED ~uprttttt filnurf nf ~tnfutk\! 20 l 6-SC-000530-TG (2016-CA-OO 1399-MR) APPELLANT COMMONWEALTH OF KENTUCKY ON APPEAL FROM WARREN CIRCUIT COURT HONORABLE JOHN GRISE, JUDGE NO. The Supreme Court reversed, holding that the trial court erred by excluding Defendants’ 20 offenses from use as enhancing prior DUI convictions because (1) plea agreement contract principles do not bar application of the new rules and (2) the alternative grounds relied upon by Defendants for affirming the trial court’s decision were unavailing. The circuit court concluded that the convictions exceeding the former five-year look-back period could not be used to elevate the current DUI charges to DUI, fourth offense because doing so would violate contractual rights established in Defendants’ plea agreements. Both defendants had prior convictions for DUI offenses beyond the five-year look-back period of the former law but within the ten-year look-back period of the current law. In separate prosecutions, Defendants were charged with DUI, fourth offense, for offenses that occurred after the newly-amended version of section 189A.010 became effective. The amendment increased the look-back period from five years to ten years. ![]() 189A.010, Kentucky’s principal driving under the influence of alcohol (DUI) statute. The issue in this case was created by a 2016 amendment of the look-back period in Ky.
0 Comments
Leave a Reply. |