CALHOUN v. COM.

Record No. 2006-00-4.

546 S.E.2d 239 (2001)

35 Va. App. 506

Carvin CALHOUN v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia, Alexandria.

May 22, 2001.


Attorney(s) appearing for the Case

Michael H. Cantrell, Fairfax, for appellant.

Leah A. Darron, Assistant Attorney General (Mark L. Earley, Attorney General, on brief), for appellee.

Present: FITZPATRICK, C.J., and ELDER, J., and OVERTON, Senior Judge.


OVERTON, Judge.

Carvin Calhoun, appellant, appeals his felony conviction of driving while intoxicated, third offense within ten years, in violation of Code §§ 18.2-266 and 18.2-270. The issue on appeal is whether the trial court erred by allowing the Commonwealth to cross-examine appellant about his refusal to take the required breath or blood test. Finding that evidence of appellant's refusal to take the required test constituted improper rebuttal of appellant...

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