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COM. v. DALTON

Record No. 1790-89-3.

400 S.E.2d 801 (1991)

COMMONWEALTH of Virginia v. Harvey Lee DALTON, Jr.

Court of Appeals of Virginia.

February 5, 1991.

Attorney(s) appearing for the Case

Janet F. Rosser, Asst. Atty. Gen. (Mary Sue Terry, Atty. Gen., Eric K.G. Fiske, Asst. Atty. Gen., on brief), for appellant.

Randolph D. Eley, Jr., Pulaski, for appellee.

Present: COLEMAN, MOON and WILLIS, JJ.

COLEMAN, Judge.

The Commonwealth appeals the decision of the Circuit Court of Pulaski County holding that the evidence failed to prove Harvey Lee Dalton, Jr. to be an habitual offender. See Code §§ 46.1-387.1 through 387.12 (now Code §§ 46.2-351 through 46.2-363). The Commonwealth argues that, pursuant to Code § 46.1-387.3 (now Code § 46.2-352), the evidence established a prima facie case that Harvey Lee Dalton, Jr., the...

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