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MIDKIFF v. COMMONWEALTH

Record No. 801695.

286 S.E.2d 150 (1982)

Mike Odell MIDKIFF v. COMMONWEALTH of Virginia

Supreme Court of Virginia.

January 22, 1982.

Attorney(s) appearing for the Case

A. L. Philpott, Bassett, James W. Haskins, Martinsville (Philpott & McGhee, Bassett, Young, Kiser, Haskins, Mann, Gregory & Young, Martinsville, on brief), for appellant.

Jeffrey A. Spencer, Asst. Atty. Gen. (Marshall Coleman, Atty. Gen., Walter A. McFarlane, Deputy Atty. Gen., on brief), for appellee.

Before CARRICO, C. J., COCHRAN, POFF, COMPTON, THOMPSON and STEPHENSON, JJ., and HARRISON, Retired Justice.

PER CURIAM.

Upon a plea of guilty, the trial court convicted the defendant, Mike Odell Midkiff, of driving under the influence of intoxicants. Code § 18.2-266. Following his conviction, the defendant moved the court to assign him to one of the alcohol programs authorized by Code § 18.2-271.1. The court denied the motion, sentenced the defendant to pay a fine of $200, and suspended his operator's license for six months.

Code § 18.2-271.1 provides...

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