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ROBERTS v. COM.

Record No. 1940-97-1.

504 S.E.2d 890 (1998)

28 Va. App. 401

Ron ROBERTS, s/k/a Ronald Roy Roberts v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia, Norfolk.

October 6, 1998.

Attorney(s) appearing for the Case

Catherine L. MacLean, Assistant Public Defender (Office of the Public Defender, on brief), for appellant.

Kathleen B. Martin, Assistant Attorney General (Mark L. Earley, Attorney General, on brief), for appellee.

Present: BENTON, ELDER and LEMONS, JJ.

LEMONS, Judge.

Ron Roberts, s/k/a Ronald Roy Roberts, appeals his conviction of driving after having been adjudicated an habitual offender. Roberts asserts that the trial court erred in finding that he operated a motor vehicle on a "highway" as defined by Code § 46.2-100. We agree and reverse.

FACTUAL BACKGROUND

On October 3, 1995, at approximately 10:45 p.m., Officer Christopher E. Fox of the City of Virginia Beach Police Department first encountered...

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