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NGOMONDJAMI v. COM.

Record No. 0500-08-4.

678 S.E.2d 281 (2009)

54 Va. App. 310

Mathurin NGOMONDJAMI v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia, Richmond.

June 30, 2009.

Attorney(s) appearing for the Case

Amy K. Stitzel, Assistant Public Defender (Office of the Public Defender, on briefs), for appellant.

John W. Blanton, Assistant Attorney General (Robert F. McDonnell, Attorney General, on brief), for appellee.

Present: FELTON, C.J., and FRANK and PETTY, JJ.

WALTER S. FELTON, JR., Chief Judge.

After a jury trial, Mathurin Ngomondjami ("appellant") was convicted of driving under the influence of alcohol (DUI) in violation of Code § 18.2-266. On appeal, appellant contends the evidence was insufficient as a matter of law to convict him of DUI, arguing it failed to prove he "operated" a motor vehicle while under the influence of alcohol. He also contends the trial court erred in refusing his proffered jury instruction...

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