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RENDERED: DECEMBER 22, 2000; 10:00 a.m.
NOT TO BE PUBLISHED

Commonwealth Of Kentucky

Court Of Appeals

NO. 1999-CA-002668-MR

KATHLEEN L. NORTON APPELLANT

APPEAL FROM BULLITT CIRCUIT COURT

v. HONORABLE THOMAS L. WALLER, JUDGE
INDICTMENT NO. 99-CR-00108

COMMONWEALTH OF KENTUCKY APPELLEE

OPINION

AFFIRMING

** ** ** ** **

BEFORE: HUDDLESTON, JOHNSON and SCHRODER, Judges.

HUDDLESTON, Judge:  Kathleen L. Norton was convicted of driving

under the influence, third offense, with a blood alcohol level

concentration of 0.18 or higher and was sentenced to two years in

prison.1   Norton challenges the constitutionality of Kentucky

1 Ky. Rev. Stat. (KRS) 189A.040(3)requires that

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Kentucky Law