Gregory Edward Leonard, II v. Commonwealth of Virginia

RUSSELL, Judge.

On April 22, 2013, appellant was convicted in a bench trial of driving under the influence, third offense within five years, in violation of Code § 18.2-266 and sentenced in accord with Code § 18.2-270. 1 On appeal, appellant contends that the evidence was insufficient to support a finding of driving while under the influence (DUI). He further argues that the trial court erred in allowing a previous DUI conviction that was based on a reduced charge to be used for enhancement purposes under Code § 18.2-270. For the following reasons, we affirm his conviction for DUI, but vacate…