Legal Opinion

Mwangi v. Com.

Supreme Court of Virginia

Decided February 27, 2009No. Record 081065PublishedCited by 5 opinions

1Opinion of the Court

OPINION BY Senior Justice ROSCOE B. STEPHENSON, JR.

The dispositive issue in this appeal is whether the Court of Appeals erred in affirming a conviction for driving under the influence, third offense, "where the Commonwealth's proof of recidivism relies on a purported order from a general district court which was never endorsed by a judge."

Frederick C. Mwangi was tried without a jury in the Circuit Court of the City of Alexandria. The court found him guilty of driving under the influence (DUI), in violation of Code § 18.2-266. Mwangi, found to have been convicted of DUI twice before within a…

2Cases cited3 opinions

  1. Moreau v. FullerSupreme Court of Virginia · 2008
  2. Palmer v. Com.Supreme Court of Virginia · 2005
  3. Mwangi v. CommonwealthCourt of Appeals of Virginia · 2008

3Cited by5 opinions

  1. Brittle v. CommonwealthCourt of Appeals of Virginia · 2009
  2. Dwayne A. Farmer v. Commonwealth of VirginiaCourt of Appeals of Virginia · 2013
  3. Bryan Temple Smith v. Commonwealth of VirginiaCourt of Appeals of Virginia · 2023
  4. Forness v. CommonwealthSupreme Court of Virginia · 2023
  5. Michelle Dawn Yoder v. Commonwealth of VirginiaCourt of Appeals of Virginia · 2018

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API