Legal Opinion

Commonwealth v. Lowe

Court of Appeals of Virginia

Decided March 14, 2000No. 2512984PublishedCited by 6 opinions

1Opinion of the Court

ANNUNZIATA, Judge.

The Commonwealth appeals a ruling by the trial court that Robert Wayne Lowe’s 1991 conviction in Maryland for driving while intoxicated may not be considered as a predicate offense in considering whether Lowe is an habitual offender within the intent of Code §§ 46.2-351 et seq. The Commonwealth argues that the trial court relied upon inapplicable Maryland case law in reaching its conclusion and that the trial court misinterpreted Virginia law. We agree, and reverse the decision of the trial court.

FACTS

On April 21, 1998, the General District Court of Loudoun County adjudged…

2Cases cited9 opinions

  1. Cox v. CommonwealthCourt of Appeals of Virginia · 1991
  2. Commonwealth v. AyersCourt of Appeals of Virginia · 1993
  3. Moon v. WeeksCourt of Special Appeals of Maryland · 1975
  4. Tharpe v. CommonwealthCourt of Appeals of Virginia · 1994
  5. Nelson v. County of HenricoCourt of Appeals of Virginia · 1990

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3Cited by6 opinions

  1. United States v. Michael A. ThomasCourt of Appeals for the Fourth Circuit · 2004
  2. District of Columbia v. FitzgeraldDistrict of Columbia Court of Appeals · 2008
  3. Moles v. GourleyCalifornia Court of Appeal · 2003
  4. District of Columbia v. FitzgeraldDistrict of Columbia Court of Appeals · 2007
  5. Doe v. CommonwealthRichmond County Circuit Court · 2012

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