MITCHELL v. COM.

Record No. 1033-96-3.

492 S.E.2d 839 (1997)

26 Va. App. 27

Stephen Wayne MITCHELL v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia, Salem.

November 10, 1997.


Attorney(s) appearing for the Case

William L. Heartwell, III (Stephen R. Wills; William L. Heartwell, III, P.C., on briefs), for appellant.

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

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


BENTON, Judge.

Stephen Wayne Mitchell was convicted of driving a motor vehicle while under the influence of alcohol, his third offense committed within ten years of an offense. See Code §§ 18.2-266 and 18.2-270. On appeal, he contends that the certificate of analysis was inadmissible and that the conviction was unlawful because he was operating his motor vehicle on private property. We affirm the conviction.

I.

The evidence at trial...

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