REED v. COM.

Record No. 0516-91-2.

424 S.E.2d 718 (1992)

Ernest Linwood REED v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia.

December 15, 1992.


Attorney(s) appearing for the Case

R. Michael McKenney, Warsaw (James B. Gochenour, Montross, on brief), for appellant.

H. Elizabeth Shaffer, Asst. Atty. Gen. (Mary Sue Terry, Atty. Gen., on brief), for appellee.

Present: BENTON, COLEMAN and FITZPATRICK, JJ.


COLEMAN, Judge.

Ernest L. Reed was convicted, in a bench trial, of driving after having been adjudicated an habitual offender. We reverse Reed's conviction because the record fails to show Reed knew at the time he was driving that he had been declared an habitual offender and ordered not to operate a motor vehicle pursuant to Code § 46.2-355. An essential element of the offense of driving after having been declared an habitual offender is that the operator knew...

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