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JONES v. CITY OF VIRGINIA BEACH

Record No. 0390-92-1.

437 S.E.2d 576 (1993)

Samuel JONES v. CITY OF VIRGINIA BEACH.

Court of Appeals of Virginia.

November 30, 1993.

Attorney(s) appearing for the Case

Eric M. Hurt, certified under the third year practice rule (Denise W. Bland; Post Conviction Assistance Project, Marshall-Wythe School of Law, on brief), for appellant.

Teresa H. Banyard, Asst. City Atty. (Leslie L. Lilley, City Atty., on brief), for appellee.

Present: BAKER, BARROW and BENTON, JJ.

BENTON, Judge.

Samuel Jones was convicted of public intoxication in violation of the City of Virginia Beach Code § 23-22. On this appeal, Jones contends that he was denied due process because (1) he was denied access to an exculpatory certificate of breath alcohol analysis; (2) the trial judge denied his request to call the breath test operator as a witness; and (3) the trial judge failed to act upon his motion to vacate the judgment before losing jurisdiction...

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