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Commonwealth of Kentucky v. Hodges12/17/1998
ate panel reversed based upon the evidence that Hodges was not represented by counsel at the time of the second and third guilty pleas at issue.
In Graham, this Court reaffirmed the waiver logic of Howard v. Commonwealth, Ky., 777 S.W.2d 888 (1989), in which the failure to challenge the validity of a prior conviction upon conviction as a P.F.O. II barred such a challenge in the subsequent P.F.O. I prosecution. The same logic equally applies in this case, in which Hodges with the assistance of counsel pled guilty to the felony of fourth offense D.U.I. in 1994, presenting no challenge to the validity of the three relevant prior D.U.I. convictions. Hodges, who we also note was well aware of D.U.I. law and his constitutional rights prior to the 1992 and 1993 guilty pleas which bear his signature, waived any argument in that regard under all the circumstances of this case.
The portion of the Court of Appeals decision reversing in part and remanding is reversed, and the Warren Circuit Court judgment of conviction is reinstated.
All concur.
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