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WOODY v. COM.

Record No. 2716-07-3.

670 S.E.2d 39 (2008)

53 Va. App. 188

Robert Edward WOODY v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia, Salem.

December 30, 2008.

Attorney(s) appearing for the Case

Joseph A. Sanzone (Sanzone & Baker, on briefs), Lynchburg, for appellant.

Josephine F. Whalen, Assistant Attorney General (Robert F. McDonnell, Attorney General, on briefs), for appellee.

Present: FRANK, McCLANAHAN and PETTY, JJ.

WILLIAM G. PETTY, Judge.

Following a bench trial, Robert Edward Woody was convicted of driving while intoxicated in violation of Amherst County Code § 9.1 and refusal to submit to a breath or blood test in violation of Code § 18.2-268.3. Woody argues on appeal that the evidence was insufficient to convict him of driving while intoxicated. For the following reasons, we hold that we do not have jurisdiction to hear this appeal; therefore, we dismiss the appeal...

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