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SAUNDERS v. COM.

Record No. 1299-05-3.

629 S.E.2d 701 (2006)

48 Va. App. 196

Marvin James SAUNDERS v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia, Salem.

May 16, 2006.

Attorney(s) appearing for the Case

J. Patterson Rogers, 3rd, for appellant.

Donald E. Jeffrey, III, Assistant Attorney General (Judith Williams Jagdmann, Attorney General, on brief), for appellee.

Present: ELDER and McCLANAHAN, JJ., and COLEMAN, Senior Judge.

LARRY G. ELDER, Judge.

Marvin James Saunders (appellant) appeals from his conviction for driving after having been declared a habitual offender in violation of Code § 46.2-357, his fourth such conviction. On appeal, he contends operating a moped does not constitute a violation of Code § 46.2-357 because it is neither a motor vehicle nor self-propelled machinery within the meaning of that statute. In the alternative, he contends the evidence he was operating...

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