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ESTES v. COMMONWEALTH

181 S.E.2d 622 (1971)

212 Va. 23

Johnnie Edward ESTES v. COMMONWEALTH of Virginia.

Supreme Court of Appeals of Virginia.

Rehearing Denied September 1, 1971.

Attorney(s) appearing for the Case

S. Page Higginbotham, Orange (N. Brent Higginbotham, Fairfax, Higginbotham & Fry, Orange, on brief), for plaintiff in error.

Robert L. Simpson, Jr., Asst. Atty. Gen. (Andrew P. Miller, Atty. Gen., on brief), for defendant in error.

Before SNEAD, C.J., and I'ANSON, GORDON, HARRISON, COCHRAN and HARMAN, JJ.

PER CURIAM.

In this case, Johnnie Edward Estes, the defendant, was declared by the trial court to be an habitual offender under the Virginia Habitual Offender Act (Code §§ 46.-1-387.1 to 46.1-387.12), hereafter, the Act. This finding was based upon a conviction of driving under the influence in 1964 and convictions of driving under the influence and driving on a suspended license in 1968. The question involved here is whether the two 1968 convictions, having...

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