Summary
The Supreme Court of Virginia held that Code § 18.2-270 permits felony enhancement for a third DUI offense committed within ten years even when the defendant had not yet been convicted of the second DUI offense when the third offense occurred. The court affirmed the Court of Appeals' judgment upholding Henry Magruder Williams's conviction.
Holdings
- Code § 18.2-270 permits enhanced punishment as a Class 6 felony for a third DUI offense committed within ten years even when the defendant was not convicted of the second DUI offense before committing the third offense.
- The evidence was sufficient to support the trial court's determination that Williams violated Code § 18.2-266; his challenge concerned only the enhanced-punishment provision.
Questions Presented
- Whether Code § 18.2-270 permits felony enhancement for a third DUI offense committed within ten years when the defendant had not yet been convicted of the second DUI offense at the time the third offense was committed.
- Whether the evidence was sufficient to support Williams's conviction for felony DUI.
Disposition
affirmed
Cases Cited (5)
- Williams v. Commonwealth, 38 Va. App. 414, 415, 419, 421, 565 S.E.2d 328, 329-31 (2002)(followed)
- Vaughn, Inc. v. Beck, 262 Va. 673, 677, 554 S.E.2d 88, 90 (2001)(followed)
- Thomas v. Commonwealth, 256 Va. 38, 41-42, 501 S.E.2d 391, 393 (1997)(followed)
- Mozley v. Prestwould Board of Directors, 264 Va. 549, 554, 570 S.E.2d 817, 820 (2002)(followed)
- Caprio v. Commonwealth, 254 Va. 507, 511-12, 493 S.E.2d 371, 374 (1997)(followed)
Cited In (0)
No citing cases on record yet.
Court Document
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