Hudson v. Commonwealth

OPINION OF THE COURT

On January 18, 2005, a Montgomery Circuit Court jury convicted Appellant, Emory Hudson, of operating a motor vehicle while under the influence of alcohol (“DUI”), fourth offense, KRS 189A.010(1), (5)(d), (ll)(d), a class D Felony, and of being a persistent felony offender in the first degree, KRS 532.080(3). The trial court sentenced Appellant to twenty years in prison, pursuant to the jury’s recommendation. He appeals to this Court as a matter of right, Ky. Const. § 110(2)(b), asserting the following claims of error: (1) the trial court’s failure to instruct the jury on…