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COM. v. AYERS

Record No. 0636-92-3.

437 S.E.2d 580 (1993)

COMMONWEALTH of Virginia v. Danny Ray AYERS.

Court of Appeals of Virginia.

November 30, 1993.

Attorney(s) appearing for the Case

Jeffrey A. Spencer, Asst. Atty. Gen. (Stephen D. Rosenthal, Atty. Gen., on briefs), for appellant.

Marcus H. Long, Jr., Blacksburg (Frederick M. Kellerman, Jr., on brief), for appellee.

Present: KOONTZ, ELDER and FITZPATRICK, JJ.

ELDER, Judge.

The Commonwealth appeals from the trial court's vacation of Danny Ray Ayers' habitual offender adjudication. It argues on appeal that the trial court erred in holding that North Carolina's DUI statute, under which appellee was twice convicted, does not substantially conform to Code § 18.2-266, and could not be used as predicate offenses for an habitual offender adjudication in Virginia. For the reasons...

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