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Legal Opinion

Sargent v. Commonwealth

Court of Appeals of Virginia

Decided October 6, 1987No. 1499-85PublishedCited by 38 opinions

1Opinion of the Court

Opinion

COLE, J.

Timmy Joe Sargent was tried by jury and convicted of driving under the influence of intoxicants (DUI), his third offense within five years. The trial court imposed a $1,000 fine and a three month jail sentence. In this appeal Sargent contends that the trial court erroneously relied upon two prior convictions in Prince William County General District Court to enhance the punishment for his DUI conviction in violation of his rights under the United States and Virginia Constitutions. We conclude that the prior convictions were improperly relied upon to enhance punishment and…

2Cases cited34 opinions

  1. Johnson v. ZerbstSupreme Court of the United States · 1938
  2. Gideon v. WainwrightSupreme Court of the United States · 1963
  3. Delaware v. Van ArsdallSupreme Court of the United States · 1986
  4. Argersinger v. HamlinSupreme Court of the United States · 1972
  5. Carnley v. CochranSupreme Court of the United States · 1962

29 more not listed; retrieve them via the Exa API.

3Cited by38 opinions

  1. Lavinder v. CommonwealthCourt of Appeals of Virginia · 1991
  2. Watkins v. CommonwealthCourt of Appeals of Virginia · 1998
  3. Bolden v. CommonwealthCourt of Appeals of Virginia · 1990
  4. Kelly v. CommonwealthCourt of Appeals of Virginia · 1989
  5. Nicely v. CommonwealthCourt of Appeals of Virginia · 1997

33 more not listed; retrieve them via the Exa API.

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