BART A. VIA CONSOLIDATED APPEALS v. COMMONWEALTH OF KENTUCKY
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RENDERED: February 2, 2001; 10:00 a.m.
NOT TO BE PUBLISHED
C ommonwealth O f K entucky
C ourt O f A ppeals
NO.
NO.
1999-CA-002295-MR
and
1999-CA-002297-MR
BART A. VIA
v.
APPELLANT
CONSOLIDATED APPEALS FROM MCCRACKEN CIRCUIT COURT
HONORABLE R. JEFFREY HINES, JUDGE
ACTION NOS. 98-CR-00203 & 98-CR-00280
COMMONWEALTH OF KENTUCKY
APPELLEE
OPINION
AFFIRMING
** ** ** ** **
BEFORE:
COMBS, EMBERTON, and TACKETT, Judges.
COMBS, JUDGE:
Bart Alan Via appeals from separate judgments of
conviction entered by the McCracken Circuit Court on September
15, 1999, for operating a motor vehicle while under the
influence, third offense and fourth offense.
Via entered
conditional pleas of guilty pursuant to Rule of Criminal
Procedure (RCr) 8.09 claiming that Kentucky Revised Statute (KRS)
189A.010(4)(c) is arbitrary as contemplated by Section 2 of the
Kentucky Constitution and that it violates both the state and
federal constitutional guarantees of equal protection.
We
recently addressed these arguments under similar facts in
Cornelison v. Commonwealth, (1999-CA-001825-MR) 2000 Ky. App.
Lexis 73, rendered July 7, 2000, in which we held that the
statute is constitutional.
Therefore, the judgments of the McCracken Circuit Court
are affirmed.
ALL CONCUR.
BRIEF FOR APPELLANT:
BRIEF FOR APPELLEE:
Jim L. Lindblad
Paducah, KY
Albert B. Chandler III
Attorney General of Kentucky
John E. Zak
Assistant Attorney General
Frankfort, KY
-2-
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