COM. v. BOON.

Record No. 1368-98-1

517 S.E.2d 275 (1999)

30 Va. App. 439

COMMONWEALTH of Virginia v. Wayne Bernard BOON.

Court of Appeals of Virginia, Norfolk.

August 10, 1999.


Attorney(s) appearing for the Case

Jeffrey A. Spencer, Assistant Attorney General (Mark L. Earley, Attorney General, on brief), for appellant.

(Robert S. Brewbaker, Jr.; Rabinowitz, Rafal, Swartz, Taliaferro & Gilbert, P.C., on brief), Norfolk, for appellee. Appellee submitting on brief.

Present: WILLIS, BRAY and ANNUNZIATA, JJ.


WILLIS, Judge.

On appeal from a final judgment reinstating Wayne Bernard Boone's driving privileges after his having been adjudicated an habitual offender, the Commonwealth contends that the trial court erroneously interpreted and applied Code § 46.2-361(B) and (C). We agree and reverse the judgment of the trial court.

In October, 1997, Boone was adjudicated an habitual offender. This adjudication was based on two convictions of driving while his license...

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