Legal Opinion
McBride v. Commonwealth
Court of Appeals of Virginia
Decided January 21, 1997No. 2491953PublishedCited by 57 opinions
1Opinion of the Court
ELDER, Judge.
Michael Carroll McBride (appellant) appeals his conviction by the Craig County Circuit Court (trial court) of a second offense of driving under the influence. Code §§ 18.2-266, 18.2-270. He contends that he cannot be subjected to the enhanced penalty of Code § 18.2-270 because the evidence was insufficient to prove that he was previously convicted for violating Code § 18.2-266. For the reasons that follow, we reverse and remand.
I
FACTS
On March 17, 1995, appellant was arrested and charged with committing his second offense in the past ten years of driving under the influence in…
2Cases cited12 opinions
- Martin v. CommonwealthCourt of Appeals of Virginia · 1987
- Commonwealth v. EllettSupreme Court of Virginia · 1939
- Waterfront Marine Construction, Inc. v. North End 49ers Sandbridge Bulkhead Groups A, B and CSupreme Court of Virginia · 1996
- James v. CommonwealthCourt of Appeals of Virginia · 1994
- Dowdy v. CommonwealthSupreme Court of Virginia · 1979
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3Cited by57 opinions
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