Hourigan v. Commonwealth

DYCHE, Judge.

Appellant was charged with a violation of KRS 189A.010, driving under the influence; as she had been previously convicted of this offense, the Commonwealth elected to seek the enhanced penalty as provided for in the statute. At trial, the prosecutor’s opening statement (RCr 9.42[c]) failed to include the details regarding the prior offense. Counsel for appellant moved the court for a directed verdict of acquittal, asserting that the Commonwealth set out all of the elements of the offense charged.

The Fayette District Court agreed, directed a verdict in favor of appellant on the…