Request By:
Honorable Thomas V. Handy
Commonwealth Attorney
105 East Fourth Street
London, Kentucky 40741
Opinion
Opinion By: David L. Armstrong, Attorney General;Penny R. Warren, Assistant Attorney General
You asked this office to review OAG 80-335 which opined that third offenses under KRS 242.990 are "beyond the jurisdiction of the District Court."
After reviewing the jurisdictional principles involved and the concurrent jurisdictional authority of district courts, we are of the opinion that OAG 80-335 is erroneous and it is hereby withdrawn. See KRS 24A.110(3) and (4);
LLM Summary
OAG 85-139 addresses a previous opinion, OAG 80-335, which incorrectly stated that third offenses under KRS 242.990 were beyond the jurisdiction of the District Court. After reviewing jurisdictional principles and the concurrent jurisdictional authority of district courts, OAG 85-139 concludes that OAG 80-335 was erroneous and officially withdraws it.