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HARRIS v. CITY OF VIRGINIA BEACH

Record No. 2365-92-1.

450 S.E.2d 401 (1994)

Dan L. HARRIS, v. CITY OF VIRGINIA BEACH.

Court of Appeals of Virginia.

November 15, 1994.

Attorney(s) appearing for the Case

Constantine A. Spanoulis, Virginia Beach, for appellant.

Nianza E. Wallace, II, Asst. City Atty. (Leslie L. Lilley, City Atty., William C. Bunch, Jr., Asst. City Atty., on brief), for appellee.

Present: BENTON, WILLIS and BRAY, JJ.

BRAY, Judge.

Dan L. Harris (defendant) was convicted in the Virginia Beach Circuit Court of driving under the influence of alcohol (DUI), second offense. He complains on appeal that this conviction was barred by an earlier, related conviction for reckless driving. We agree and reverse the judgment of the court below.

The relevant facts are uncontroverted. On May 6, 1992, at "around one o'clock-ish" in the afternoon, defendant was operating a motor vehicle...

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