Asher v. Commonwealth

HAYES, Judge:

This case is before the Court on discretionary review from a judgment entered in *154Fayette Circuit Court affirming a Fayette District Court judgment convicting Robert R. Asher of his second offense of driving under the influence of alcohol. KRS 189A.010.

The sole issue on appeal is this: Whether the Commonwealth is entitled to introduce evidence, in its case in chief, for driving under the influence in a trial on a subsequent DUI charge when the defendant, pri- or to trial, agreed to stipulate that the penalties to be applied by the jury will be the same enhanced penalties…