COM. v. STANLEY

Record No. 840963.

348 S.E.2d 231 (1986)

COMMONWEALTH of Virginia v. Kenneth Lee STANLEY.

Supreme Court of Virginia.

September 5, 1986.


Attorney(s) appearing for the Case

Gerald L. Baliles, Atty. Gen., Walter A. McFarlane, Deputy Atty. Gen., Jeffrey A. Spencer, Atty. Gen., on brief, for appellant.

No brief or argument for appellee.

Present: All the Justices.


POFF, Justice.

The Commonwealth of Virginia appeals from a judgment dismissing an information filed by the Commonwealth's Attorney alleging that Kenneth Lee Stanley's record of convictions shows that he is an habitual offender.

Code § 46.1-387.2(a), the Habitual Offender Act, defines an habitual offender as a driver who has a record of "[t]hree or more convictions" within a 10-year period. The statute also declares, however, that "where more than one...

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