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KEESEE v. COM.

Record No. 1962-98-3.

527 S.E.2d 473 (2000)

32 Va. App. 263

Mark Allen KEESEE v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia, Salem.

April 25, 2000.

Attorney(s) appearing for the Case

Aubrey J. Rosser, Jr., Altavista, for appellant.

H. Elizabeth Shaffer, Assistant Attorney General (Mark L. Earley, Attorney General, on brief), for appellee.

Present: COLEMAN and FRANK, JJ., and HODGES, Senior Judge.

FRANK, Judge.

Mark Allen Keesee (appellant) appeals his conviction after a bench trial of driving while under the influence of alcohol in violation of Code § 18.2-266. On appeal, he contends the trial court erred in finding that: 1) he was operating the vehicle and 2) he was operating the vehicle within two hours of his arrest. We disagree and affirm the conviction.

I. BACKGROUND

On March 28, 1997, Trooper Keith Childress of the Virginia State...

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