Royalty v. Commonwealth

HAYES, Judge:

Appellant was convicted in Breckinridge District Court for a third offense of operating a vehicle under the influence of intoxicants, KRS 189A.010(2)(c). His appeal to Breckinridge Circuit Court was affirmed and this Court granted discretionary review upon the sole issue of whether the present conviction was upon the second or third offense charged within the meaning of KRS 189A.010(2)(b) and (2)(c). In his brief, appellant raises other issues which are in violation of the order granting discretionary review, therefore, we will not consider them.

The undisputed facts are that…