Commonwealth v. Rhodes

GARDNER, Judge:

The Commonwealth of Kentucky appeals from an order of the Fayette Circuit Court which probated the one-year sentence of Viki Lin Rhodes (Rhodes). Rhodes had pled guilty to one count of driving under the influence of intoxicants, fourth offense, and one count of operating a motor vehicle on a suspended license, and as a condition of her probation, received 120 days home incarceration. We must reverse and remand.

On July 28, 1994, the Fayette County Grand Jury indicted Rhodes on one count of driving under the influence of intoxicants (DUI), fourth offense, and one count of…