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BISHOP v. COM.

Record No. 1568-93-1.

455 S.E.2d 765 (1995)

20 Va. App. 206

Carroll R. BISHOP v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia, Norfolk.

April 11, 1995.

Attorney(s) appearing for the Case

Thomas L. Northam, Accomac, for appellant.

H. Elizabeth Shaffer, Asst. Atty. Gen. (James S. Gilmore, III, Atty. Gen.), for appellee.

Present: BAKER, BENTON and WILLIS, JJ.

BENTON, Judge.

Carroll R. Bishop was convicted of driving after having been adjudicated an habitual offender in violation of Code § 46.2-357(B) and sentenced as a felon pursuant to subsection (B)(2). He contends that the evidence was sufficient only to support punishment for a misdemeanor under subsection (B)(1) of the statute.1 We agree; therefore, we reverse the felony sentence and remand...

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