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HEAD v. COMMONWEALTH

Record No. 0419-92-3.

441 S.E.2d 351 (1994)

Franklin Ray HEAD v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia.

March 15, 1994.

Attorney(s) appearing for the Case

From the Circuit Court of Augusta County; Thomas H. Wood, Judge.

Frankie C. Coyner, Stuarts Draft, for appellant.

Eugene Murphy, Asst. Atty. Gen. (Stephen D. Rosenthal, Atty. Gen., on brief), for appellee.

Present: MOON, C.J., and BAKER, BARROW, COLEMAN, KOONTZ, WILLIS, ELDER, BRAY and FITZPATRICK, JJ., en banc.

UPON HEARING EN BANC

PER CURIAM.

This appeal is from the trial court's denial of a motion to vacate an order declaring the appellant an habitual offender. The motion was filed approximately three years after the order was entered and was prompted by the appellant being charged for driving after being declared an habitual offender. The motion was premised on the failure of the trial court to appoint a guardian ad litem for the appellant, who was an...

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