MWANGI v. COM.

Record No. 081065.

672 S.E.2d 888 (2009)

Frederick C. MWANGI v. COMMONWEALTH of Virginia.

Supreme Court of Virginia.

February 27, 2009.


Attorney(s) appearing for the Case

Ryan Campbell (King & Campbell, on brief), for appellant.

Susan M. Harris, Asst. Atty. Gen. (Robert F. McDonnell, Atty. Gen., on brief), for appellee.


OPINION BY Senior Justice ROSCOE B. STEPHENSON, JR.

The dispositive issue in this appeal is whether the Court of Appeals erred in affirming a conviction for driving under the influence, third offense, "where the Commonwealth's proof of recidivism relies on a purported order from a general district court which was never endorsed by a judge."

Frederick C. Mwangi was tried without a jury in the Circuit Court of the City of Alexandria. The court found him guilty...

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