COM. v. HOWELL

Record No. 0992-94-2.

460 S.E.2d 614 (1995)

20 Va. App. 732

COMMONWEALTH Of Virginia v. Albert R. HOWELL.

Court of Appeals of Virginia, Richmond.

August 29, 1995.


Attorney(s) appearing for the Case

John H. McLees, Jr., Asst. Atty. Gen. (James S. Gilmore, III, Atty. Gen., on brief), for appellant.

No brief or argument for appellee.

Present: MOON, C.J., ANNUNZIATA, J., and HODGES, Senior Judge.


MOON, Chief Judge.

The Commonwealth appeals a final order of the circuit court dismissing an habitual offender show cause order against Albert R. Howell. The trial court ruled that "Howell's 1986 DUI conviction under the Chesterfield County ordinance 14.1-1 is [ ] invalid insofar as it conflicts with Code § 15.1-132 by providing a lesser punishment than that prescribed by general law." We hold that when the County adopted its DUI ordinance, it incorporated, by...

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