NESSELRODT v. COM.

Record Nos. 1286-92-4, 1311-92-4, 1314-92-4, 1328-92-4, 1331-92-4 and 1371-92-4.

444 S.E.2d 261 (1994)

Rudolph E. NESSELRODT v. COMMONWEALTH of Virginia. Malcolm Wayne THOMPSON v. COMMONWEALTH of Virginia. Tony Lee TUSING v. COMMONWEALTH of Virginia. Willie A. SCOTT v. COMMONWEALTH of Virginia. Wanda Lynn HERALD v. COMMONWEALTH of Virginia. George F. CARTER, 3rd v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia.

Rehearing En Banc Granted July 20, 1994.


Attorney(s) appearing for the Case

Dabney Overton, Jr., Harrisonburg, for appellants Nesselrodt and Carter.

Dabney Overton, Jr., Harrisonburg (Walter F. Green, IV, on brief), for appellants Thompson, Tusing, Scott, and Herald.

Jeffrey A. Spencer, Asst. Atty. Gen. (Stephen D. Rosenthal, Atty. Gen., Mary Yancey Spencer, Deputy Atty. Gen., Richard L. Walton, Jr., Sr. Asst. Atty. Gen., on brief), for appellee.

Present: BENTON, KOONTZ and WILLIS, JJ.


BENTON, Judge.

Each of the appellants was adjudged to be a habitual offender under the motor vehicle laws as specified in Code §§ 46.2-351 through 46.2-363. These appeals were consolidated because they each raise the issue whether the statements of the driver's record as contained on the reports certified by the Department of Motor Vehicles are "transcripts or abstracts" as required by Code §§ 46.2-352 and 46.2-354.1

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