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CUFFEE-SMITH v. COM.

Record No. 1098-02-1.

574 S.E.2d 294 (2002)

39 Va. App. 476

Eloise H. CUFFEE-SMITH v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia, Chesapeake.

December 31, 2002.

Attorney(s) appearing for the Case

Charles E. Haden, Hampton, for appellant.

Steven A. Witmer, Assistant Attorney General (Jerry W. Kilgore, Attorney General, on brief), for appellee.

Present: Judges BENTON, ELDER and Senior Judge COLEMAN.

LARRY G. ELDER, Judge.

Eloise Cuffee Smith (appellant) appeals from the sentence imposed following her felony conviction for her second or subsequent offense of driving after having been declared an habitual offender pursuant to Code § 46.2-357. On appeal, she contends the trial court erroneously concluded it lacked the authority to place her in an electronic home monitoring program pursuant to Code § 53.1-131.2. The Commonwealth contends appellant failed...

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