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SIMS v. COMMONWEALTH

181 S.E.2d 636 (1971)

212 Va. 4

William Ratclliffe SIMS, Alias, etc. v. COMMONWEALTH of Virginia.

Supreme Court of Appeals of Virginia.

June 14, 1971.

Attorney(s) appearing for the Case

Judson T. Vaughan, Jr., Ashland (Bowles & Boyd, Richmond, on brief), for plaintiff in error.

Vann H. Lefcoe, 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 October 1962 the Circuit Court of the City of Richmond sentenced William Ratcliffe Sims as a recidivist based on felony convictions in 1947, 1949 and 1957. In June 1968 the Commonwealth filed another recidivist information against Sims based upon those convictions and another felony conviction in May 1968.

In January 1969 the Circuit Court of the City of Richmond voided the 1947 conviction. Thereafter, the Court permitted the Commonwealth to...

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