Auer v. Commonwealth
Court of Appeals of Virginia
1Opinion of the Court
CLEMENTS, Judge.
Bryan David Auer was convicted by a jury of aggravated involuntary manslaughter, in violation of Code § 18.2-36.1, and driving under the influence of alcohol (DUI), in violation of Code § 18.2-266. On appeal, Auer contends the trial court erred during the punishment phase of his trial by admitting into evidence his prior misdemeanor conviction under a city ordinance for DUI. Finding no error, we affirm the trial court’s judgment.
I. BACKGROUND
On August 4, 2003, Auer was indicted by a grand jury for aggravated involuntary manslaughter and DUI, second offense. On the…
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