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CLEVELAND v. COM.

Record No. 0379-01-3.

562 S.E.2d 696 (2002)

38 Va. App. 199

Kenneth Charles CLEVELAND v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia, Salem.

April 30, 2002.

Attorney(s) appearing for the Case

Grady W. Donaldson, Jr. (Schenkel & Donaldson, P.C., on brief), Lynchburg, for appellant.

Robert H. Anderson, III, Senior Assistant Attorney General (Randolph A. Beales, Attorney General, on brief), for appellee.

Present: BENTON, WILLIS and CLEMENTS, JJ.

BENTON, Judge.

The trial judge convicted Kenneth Charles Cleveland of a felony offense, under Code § 46.2-357(B)(2), of driving while having the status of an habitual offender. Cleveland contends the trial judge rendered impermissible, inconsistent verdicts by convicting him of a felony after acquitting him of violating Code § 18.2-266, which is an element of the felony offense. We disagree and affirm the conviction.

I.

A grand jury indicted...

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