Commonwealth v. Fugate

Defendant was arrested for operating a motor vehicle on a DUI-suspended license. Defendant was charged with a Class D felony under the penalty-enhancement provision in Ky. Rev. Stat. 189A.090(2)(c) because this was his third such offense in less than three years. Defendant challenged the enhancement by collaterally attacking his earlier convictions, arguing that his guilty pleas in those cases were invalid under Boykin v. Alabama. The circuit court rejected the challenge. Defendant conditionally pleaded guilty. The Court of Appeals reversed, concluding that there was insufficient evidence showing that Defendant’s prior guilty pleas complied with the Boykin requirements. The Supreme Court reversed and reinstated Defendant’s conviction, holding that Defendant’s prior convictions were not subject to collateral attack on Boykin matters in this case. View "Commonwealth v. Fugate" on Justia Law