COM. v. LOWE

Record No. 2512-98-4.

525 S.E.2d 636 (2000)

31 Va. App. 806

COMMONWEALTH of Virginia v. Robert Wayne LOWE.

Court of Appeals of Virginia, Alexandria.

March 14, 2000.


Attorney(s) appearing for the Case

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

No brief or argument for appellee.

Present: ELDER, ANNUNZIATA and LEMONS, JJ.


ANNUNZIATA, Judge.

The Commonwealth appeals a ruling by the trial court that Robert Wayne Lowe's 1991 conviction in Maryland for driving while intoxicated may not be considered as a predicate offense in considering whether Lowe is an habitual offender within the intent of Code §§ 46.2-351 et seq. The Commonwealth argues that the trial court relied upon inapplicable Maryland case law in reaching its conclusion and that the trial court misinterpreted...

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