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WILLIAMS v. COM.

Record No. 021591.

576 S.E.2d 468 (2003)

265 Va. 268

Henry Magruder WILLIAMS v. COMMONWEALTH of Virginia.

Supreme Court of Virginia.

February 28, 2003.

Attorney(s) appearing for the Case

Craig S. Cooley, Richmond, for appellant.

H. Elizabeth Shaffer, Asst. Atty. Gen. (Jerry W. Kilgore, Atty. Gen., on brief), for appellee.

Present: HASSELL, C.J., LACY, KEENAN, KOONTZ, KINSER, and LEMONS, JJ., and CARRICO, S.J.

Opinion by Justice BARBARA MILANO KEENAN.

In this appeal, we consider whether the Court of Appeals erred in holding that Code § 18.2-270 permits enhanced punishment for driving under the influence (DUI), third offense, when a defendant was not convicted of his second DUI offense at the time he committed the third offense.

Henry M. Williams was indicted for the felony of operating a motor vehicle while under the influence of alcohol, "after having been...

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