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LAWSON v. COM.

Record No. 2421-11-3.

734 S.E.2d 714 (2012)

61 Va. App. 292

Barry Eugene LAWSON v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia, Salem.

December 11, 2012.

Attorney(s) appearing for the Case

Andrew P. Hynes , Assistant Public Defender (Office of the Public Defender, on brief), for appellant.

Craig W. Stallard , Assistant Attorney General ( Kenneth T. Cuccinelli, II , Attorney General, on brief), for appellee.

Present: FELTON, C.J., HUMPHREYS and CHAFIN, JJ.

FELTON, JR., Chief Judge.

Barry Eugene Lawson ("appellant") was convicted by the Circuit Court of Henry County ("circuit court") of driving while intoxicated, fourth offense, in violation of Code §§ 18.2-266 and 18.2-270, following his conditional guilty plea. On appeal, appellant contends the circuit court erred in denying his motion to dismiss that indictment. He asserts that prosecution was barred by Code § 19.2-294.1 as a result of his prior conviction...

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