Estis v. Commonwealth

WILHOIT, Judge.

This is an appeal from a conviction pursuant to a conditional plea of operating a motor vehicle while his license was suspended for driving under the influence (“DUI”), third offense, under KRS 189A.090(2)(c). The plea was conditioned upon this appeal to determine whether the appellant could be convicted as a third offender when his two previous convictions were both first offenses which are Class B misdemeanors and he has not yet been convicted of the Class A misdemeanor of a second offense of operating a motor vehicle while his license was suspended.

The facts indicate that…