of both counts of assault and battery. Analysis On appeal, Hodnett challenges the trial court’s holding that he was guilty of two counts of assault and battery on a law enforcement officer. He argues his actions constituted a single continuing offense. “A continuing offense is a continuous, unlawful act or series of acts set on foot by a single impulse and operated by an unintermittent force, however long a time it may occupy.” Thomas v. Commonwealth, 38 Va.App. 319, 324-25, 563 S.E.2d 406, 409 (2002) (quoting United States v. Midstate Horticultural Co., 306 U.S. 161, 166, 59 S.Ct. 412, 414, 83 L.Ed. 563 (1939)). A defendant may be convicted of multiple counts if he commits separate and distinct acts. Stephens v. Commonwealth, 35 Va.App. 141, 147-48, 543 S.E.2d 609, 611-12 (2001) (<HOLDING>), aff'd, 263 Va. 58, 557 S.E.2d 227 (2002); see
holding that under the crimes code conspiracy and the completed substantive offense are separate crimes holding each act of shooting from a vehicle constituted a separate and distinct crime explaining where completed offense has occurred a separate charge may be brought for a repetition of the same conduct holding unanimity requirement not violated when charge stated two separate counts with two separate and distinct offenses in each case holding that when the state prosecutes and obtains a conviction on separate charges as to which the rule of merger does not apply the state is entitled as a matter of law to a conviction and a separate sentence on each charge holding that two distinct acts of assault with a deadly weapon taking place within a fifteen minute period were a part of the same incident and they could not reasonably be held to constitute two separate offenses each complete in itself and each of which would require a separate charge