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RUSS v. COM.

Record No. 0297-85.

343 S.E.2d 373 (1986)

Freddie Joe RUSS v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia.

May 6, 1986.

Attorney(s) appearing for the Case

David L. Scyphers (Johnson, Scyphers & Austin, P.C., Abingdon, on brief), for appellant.

Russell C. Williams, Asst. Atty. Gen. (William G. Broaddus, Atty. Gen., on brief), for appellee.

Panel: KOONTZ, C.J., and COLEMAN and KEENAN, JJ.

COLEMAN, Judge.

Freddie Joe Russ appeals from his conviction by the Washington County Circuit Court for operating a motor vehicle after being adjudged an habitual offender in violation of Code § 46.1-387.8. After a non-jury trial, Russ was sentenced to serve two years in the penitentiary. Russ attacks the conviction by arguing that the underlying 1979 habitual offender adjudication was void. Relying on Slaughter v. Commonwealth, 222 Va. 787,

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