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SHAW v. COM.

Record No. 0496-88-4.

387 S.E.2d 792 (1990)

Martin L. SHAW v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia.

January 23, 1990.

Attorney(s) appearing for the Case

James P. Franca, Fairfax, for appellant.

Linwood T. Wells, Jr., Asst. Atty. Gen. (Mary Sue Terry, Atty. Gen., on brief), for appellee.

Panel: BAKER, COLEMAN and KEENAN, JJ.

COLEMAN, Judge.

Code § 19.2-294.1 provides that whenever a person is charged with both reckless driving and driving while intoxicated "growing out of the same act or acts" and is convicted of one of the offenses, the trial court shall dismiss the remaining charge. Martin L. Shaw, the appellant, contends that his conviction for eluding a police officer in violation of Code § 46.1-192.1 (now Code § 46.2-817) constituted a conviction for reckless driving...

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