COM. v. KNOTT

Record No. 0230-89-4.

396 S.E.2d 148 (1990)

COMMONWEALTH of Virginia v. Kristy Ann KNOTT.

Court of Appeals of Virginia.

September 11, 1990.


Attorney(s) appearing for the Case

Nono F. Musolino (Robert F. Horan, Jr., Commonwealth's Attorney, on brief), for appellant.

No appearance or brief for appellee.

Present: KOONTZ, C.J., and DUFF and KEENAN, JJ.


KOONTZ, Chief Judge.

The Commonwealth appeals a decision of the Circuit Court of Fairfax County dismissing an information against Kristy Ann Knott for adjudication as an habitual offender. The court held that Fairfax County Code § 82-4-21 was invalid and therefore could not be applied to elevate Knott's conviction for driving while intoxicated to a second offense. The Commonwealth asserts on appeal that the trial court erred in ruling that the ordinance was invalid...

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