Commonwealth v. Parson6/17/2004
TO BE PUBLISHED
AFFIRMING
On May 30, 2000, a motor vehicle owned and operated by Appellant, Michael Wayne Parson, crossed the center line of a highway in Jefferson County, Kentucky, and struck a vehicle owned and operated by Lisa Eberle, injuring her and damaging her automobile . Appellant was transported to University Hospital where a test of his blood revealed an alcohol concentration of 0 .238 grams per deciliter and a test of his urine revealed the presence of an unquantified amount of cocaine and cannabinoids (marijuana).
Appellant was subsequently convicted by a Jefferson Circuit Court jury of assault in the second degree (wanton) ("assault 2nd"), a Class C felony, KRS 508 .020(1)(c) and (2); operating a motor vehicle while under the influence of intoxicants (fourth offense) ("DUI 4th"), a Class D felony, KRS 189A.010(1) and (5)(d); operating a motor vehicle while license is revoked or suspended for DUI (third offense) ("OSL/DUI 3rd"), a Class D felony, KRS 189A.090(1) and (2)(c) ; criminal mischief in the first degree ("criminal mischief 1 st"), a Class D felony, KRS 512 .020 ; no motor vehicle liability insurance ("no insurance"), KRS 304 .39-080(5), a misdemeanor, KRS 304.99-060(1)(a) ; and expired vehicle registration, KRS 186.170(1), a violation, KRS 186.990(1).
The jury initially sentenced Appellant to imprisonment for ten years for assault 2nd and five years each for DUI 4th, OSL/DUI 3rd, and criminal mischief 1st, and to fines of $1,000 for no insurance and $100 for expired vehicle registration . The jury recommended that the sentences for assault 2nd, DUI 4th and OSL/DUI 3rd be served consecutively and the sentence for criminal mischief 1 st be served concurrently for a total of twenty years, the maximum aggregate sentence allowable under KRS 532.110(1)(c) . Young v. Commonwealth , Ky., 968 S .W .2d 670, 675 (1998) ; Hendley v. Commonwealth, Ky., 573 S .W.2d 662, 668 (1978) . However, because the jury also found Appellant to be a persistent felony offender in the first degree ("PFO 1st"), KRS 532 .080(3), it recommended enhanced sentences of twenty years each for assault 2nd, DUI 4th, and OSL/DUI 3rd, and fifteen years for criminal mischief 1 st. KRS 532 .080(6)(b). The jury then recommended that all of the enhanced sentences be served concurrently for a total of twenty years, again the maximum aggregate sentence allowable under KRS 532 .110(1)(c). Appellant appeals to this Court as a matter of right. Ky. Const . § 110(2)(b) .
I . JUROR QUALIFICATION FORMS.
Section 7 of Part li of the Administrative Procedures of the Court of Justice ("Ad . Proc.") requires that each prospective juror fill out a juror qualification form devised by the Administrative Office of the Courts and submit it to the clerk within five days of the receipt of the juror summons. Part II, Section 7(7) further provides:
The contents of the juror qualification forms shall be made available to the trial judge and to parties or their attorneys of record unless the chief circuit judge or designee determines in any instance in the interest of justice that the information shall be kept confidential or its use limited in whole or in part.
The form is a questionnaire. In addition to identifying data, i .e. , name, address, date and place of birth, marital status, and employment, the questionnaire also contains inquiries designed to determine whether the prospective juror is legally disqualified from jury service for any of the reasons set forth in Ad . Proc., Part II, § 8. Finally, it contains questions pertaining to the juror's experience with the court system, ec. .., whether the juror has ever been a party to a lawsuit or been a d
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