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FLINCHUM v. COM.

Record No. 1891-96-3.

485 S.E.2d 630 (1997)

24 Va. App. 734

Rufus Eugene FLINCHUM, Jr. v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia, Salem.

May 27, 1997.

Attorney(s) appearing for the Case

(Robert M. Jenkins; Jenkins & Jenkins, on brief), Radford, for appellant.

(James S. Gilmore, III, Attorney General; Kathleen B. Martin, Assistant Attorney General, on brief), for appellee. Appellee submitting on brief.

Present: MOON, C.J., and COLEMAN and WILLIS, JJ.

MOON, Chief Judge.

Rufus Eugene Flinchum, Jr. appeals his conviction of driving after having been declared an habitual offender in violation of Code § 46.2-357. Flinchum asserts that the trial court erred in finding that he was operating his vehicle on a "highway" as defined by Code § 46.2-100. We agree and reverse.

On November 1, 1995, Officer Dalton Reid of the Christianburg Police Department observed a vehicle "doing doughnuts" in the parking...

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