Commonwealth v. Beard

OPINION

COMBS, Chief Judge.

On August 17, 2006, the Calloway Circuit Court vacated Dustin Beard’s plea of guilty to driving under the influence, second offense (hereinafter DUI 2nd), entered in the Calloway District Court. Beard had previously been charged with driving under the influence, first offense, but had not been convicted of that offense when he was charged with the second. The circuit court held that he could not be charged with DUI 2nd since he had not been convicted of the earlier DUI charge at the time of his arrest for the second offense. The Commonwealth appeals from this…