Commonwealth v. Ramsey

I must respectfully dissent because KRS 189A.010(4)(d) establishes the felony offense of driving under the influence, fourth or subsequent offense, and it is not merely a sentencing statute.

As stated in my other dissenting opinions, O’Bryan v. Commonwealth, Ky., 920 S.W.2d 529 (1996), and Dedic v. Commonwealth, Ky., 920 S.W.2d 878 (1996), I must conclude that the proof as to earlier convictions was necessary in determining guilt and such evidence was admissible during the guilt phase of the trial despite the possible danger of prejudice resulting from its introduction.

The three previous DUI…