Johnson v. Commonwealth

OPINION

JOHNSON, Judge:

Edward Johnson appeals the judgment and sentence entered on October 2, 1998, in the Warren Circuit Court convicting him of assault in the first degree.1 Having concluded that Johnson’s plea of guilty to driving under the influence (DUI)2 that occurred prior to the jury’s verdict of guilty on the charge of assault in the first degree did not constitute a double jeopardy violation, we affirm.

On November 10, 1997, Johnson, while under the influence of alcohol, was driving his motor vehicle in Bowling Green, Kentucky, when it collided with a vehicle being driven by Drema…