Kohler v. Commonwealth

DYCHE, Judge.

Appellant Judd Kohler was convicted of driving while under the influence of intoxicants (“DUI”) on May 21, 1991, and December 12, 1991. Following an amendment to the DUI statute effective July 1, 1991, Koh-ler was again charged with such a violation. He entered a plea of guilty to the charge on October 31, 1994; by agreement of the Commonwealth, the conviction was denominated a “second offense.” On November 22, 1994, the trial court entered an order purporting to direct appellee Transportation Cabinet, Division of Driver Licensing, to “treat this [the conviction] as a second…