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SARAFIN v. COM.

Record No. 1753-12-2.

748 S.E.2d 641 (2013)

62 Va. App. 385

Justin SARAFIN v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia, Richmond.

October 8, 2013.

Attorney(s) appearing for the Case

David L. Heilberg (Dygert, Wright, Hobbs, & Heilberg, Charlottesville, on briefs), for appellant.

Virginia B. Theisen , Senior Assistant Attorney General ( Kenneth T. Cuccinelli, II , Attorney General, on brief), for appellee.

Present: FRANK, HUFF, JJ., and COLEMAN, S.J.

HUFF, Judge.

Justin Sarafin ("appellant") appeals his conviction of operating a motor vehicle while under the influence of alcohol, in violation of Code § 18.2-266. On appeal, appellant contends that the trial court erred 1) by refusing to give his proffered jury instructions I, J, K, and L, which he contends precisely and correctly defined what constituted "operation" and 2) by convicting him of operating under the influence of alcohol based on a finding that...

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