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LUGINBYHL v. COM.

Record No. 1333-04-4.

628 S.E.2d 74 (2006)

48 Va. App. 58

Alan LUGINBYHL, s/k/a Alan Kurt Luginbyhl v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia, Richmond.

April 4, 2006.

Attorney(s) appearing for the Case

Michael F. Devine (Devine & Connell, P.L.C., on briefs), for appellant.

Stephen R. McCullough, Assistant Attorney General (Judith Williams Jagdmann, Attorney General, on brief), for appellee.

Present: FELTON, C.J., and BENTON, ELDER, FRANK, HUMPHREYS, CLEMENTS, KELSEY, McCLANAHAN, HALEY, JJ., and FITZPATRICK, Ret. J.

UPON REHEARING EN BANC

HALEY, Judge.

I.

PROCEDURAL HISTORY

This matter comes before the Court from a divided panel decision rendered on August 30, 2005, and reported as Luginbyhl v. Commonwealth, 46 Va.App. 460, 618 S.E.2d 347 (2005). The trial court convicted appellant of drunk driving in violation of Code §...

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