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SOS v. COM.

Record No. 0515-91-4.

419 S.E.2d 426 (1992)

Timothy Wayne SOS v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia.

July 14, 1992.

Attorney(s) appearing for the Case

Corinne J. Magee, Fairfax, for appellant.

Margaret Ann B. Walker, Asst. Atty. Gen. (Mary Sue Terry, Atty. Gen., on brief), for appellee.

Present: BARROW, DUFF and BRAY, JJ.

DUFF, Judge.

Timothy Wayne Sos challenges a final judgment of the trial court in which he was declared an habitual offender as defined in Code § 46.2-351. The proceedings were not recorded, but a written statement of facts pursuant to Rule 5A:8 was duly prepared and filed.

The statement of facts shows that Sos argued at trial that one of the three predicate offenses, a conviction for driving on a revoked license in Fairfax County on October

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