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EASTER v. COM.

Record No. 0428-99-2.

525 S.E.2d 592 (2000)

31 Va. App. 714

James EASTER, s/k/a James L. Easter v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia, Richmond.

March 7, 2000.

Attorney(s) appearing for the Case

L.F. Tyler III (Pettus & Tyler, P.C., on brief), for appellant.

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

Present: BRAY, JJ., and COLE and OVERTON, Senior Judges.

COLE, Senior Judge.

James L. Easter, appellant, appeals his conviction of driving under the influence of alcohol (DUI), third offense, in violation of Code § 18.2-266. Appellant contends: (1) the conviction violated his right against double jeopardy because he suffered an improper seven day license suspension when the officer failed to file the required incident report, and (2) the Commonwealth improperly amended the warrant to charge a third offense on de...

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