Pence v. Commonwealth

WILHOIT, Judge.

This matter is before the court on discretionary review from the Hardin Circuit Court. Two questions are raised: whether sufficient evidence was presented at trial to support the appellant’s conviction for operating a motor vehicle while under the influence of alcohol (KRS 189A.010), and whether the trial court should have granted a mistrial because the jury was permitted to hear damaging hearsay testimony.

The evidence presented by the prosecution consisted of the testimony of the police officer who arrested him. The officer stated that in response to a complaint he went to the…