NEFF v. COM.

Record No. 1145-01-1.

569 S.E.2d 72 (2002)

39 Va. App. 13

Barry Francis NEFF, Jr. v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia, Chesapeake.

September 10, 2002.


Attorney(s) appearing for the Case

Deborah M. Wagner (McDermott & Roe, on brief), Williamsburg, for appellant.

Margaret W. Reed, Assistant Attorney General (Jerry W. Kilgore, Attorney General, on brief), for appellee.

Present: BUMGARDNER and CLEMENTS, JJ., and BRAY, Senior Judge.


CLEMENTS, Judge.

Barry Francis Neff, Jr., was indicted and convicted in a bench trial of driving under the influence, second offense, in violation of Code §§ 18.2-266 and 18.2-270. On appeal, he contends the trial court erred in denying his motion to quash the indictment because the doctrines of double jeopardy and res judicata barred the indictment and its prosecution. For the reasons that follow, we find no error and affirm Neff's conviction.

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