House v. Commonwealth

PALMORE, Judge.

Bert House appeals from a judgment sentencing him to one year in prison pursuant to a verdict finding him guilty of a local option violation with two previous convictions. KRS 242.230, 242.990(1). It is conceded that the instruction relating to the previous convictions was erroneous in its failure to require that each successive offense had been committed after conviction of the previous one. See Rodgers v. Commonwealth, Ky., 399 S.W.2d 299 (1966); Marcum v. Commonwealth, Ky., 398 S.W.2d 886 (1966); Thomason v. Commonwealth, Ky., 322 S.W.2d 104 (1959); Gossett v. Commonwealth,…