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COM. v. BIRD

No. 97-SC-714-DG.

979 S.W.2d 915 (1998)

COMMONWEALTH OF KENTUCKY, Appellant, v. Robert A. BIRD and Joseph Nicholson, Appellees.

Supreme Court of Kentucky.

November 19, 1998.

Attorney(s) appearing for the Case

A.B. Chandler, III, Attorney General, Kent T. Young, Assistant Attorney General, Frankfort, for Appellant.

Stanley E. Cox, New England School of Law, Boston, MA, Charles E. Beal, II, McCoy, Baker & Newcomer, Lexington, for Appellee Bird.

J. Patrick Sullivan, Lexington, for Appellee Nicholson.

STEPHENS, Justice.

At issue is whether a criminal defendant's payment of the Kentucky Controlled Substances Excise Tax (drug tax), KRS 138.870.990, bars subsequent criminal prosecution on federal and Kentucky double jeopardy grounds. We find that it does not. Because we find no double jeopardy problem, we need not address Appellees Bird and Nicholson's assertion that imposition of the drug tax constitutes an exercise of absolute and arbitrary

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