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SINK v. COM.

Record No. 1798-90-3.

413 S.E.2d 658 (1992)

William Lee SINK v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia.

January 21, 1992.

Attorney(s) appearing for the Case

Jonathan S. Kurtin (Lutins and Shapiro, on briefs), for appellant.

Oliver L. Norrell, III, Asst. Atty. Gen. (Mary Sue Terry, Atty. Gen., on brief), for appellee.

Present: BARROW, COLEMAN and MOON, JJ.

MOON, Judge.

William Lee Sink seeks reversal of a final judgment, entered on October 9, 1990, adjudicating him to be an habitual offender. He argues that the Commonwealth waived its right to have him adjudged an habitual offender because (1) after the last predicate conviction on December 18, 1989, the Commissioner of the Department of Motor Vehicles issued him an operator's license on June 18, 1990; (2) the Roanoke County's Commonwealth's Attorney did not file an...

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