PROPST v. COM.

Record No. 0347-96-1.

485 S.E.2d 657 (1997)

24 Va. App. 791

James Bernard PROPST v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia, Norfolk.

June 3, 1997.


Attorney(s) appearing for the Case

Archer L. Jones, II (Jones & Jones, P.C., on brief), Smithfield, for appellant.

Kimberley A. Whittle, Assistant Attorney General (James S. Gilmore, III, Attorney General, on brief), for appellee.

Present: BAKER, ANNUNZIATA and OVERTON, JJ.


BAKER, Judge.

James Bernard Propst (appellant) appeals his bench trial conviction for driving or operating a motor vehicle while intoxicated in violation of Code § 18.2-266. Appellant contends that the Commonwealth failed to prove that he was "operating" a motor vehicle while intoxicated and that his conviction should therefore be reversed. We disagree and affirm appellant's conviction.

On appeal, we view the evidence in the light most favorable to the...

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