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PAYNE v. COM.

Record No. 1325-95-4.

482 S.E.2d 98 (1997)

24 Va. App. 339

Walter L. PAYNE, Jr. v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia, Alexandria.

March 11, 1997.

Attorney(s) appearing for the Case

Robert M. Byrne, Fairfax, for appellant.

Eugene Murphy, Assistant Attorney General (James S. Gilmore, III, Attorney General, on brief), for appellee.

Present: MOON, C.J., and WILLIS and FITZPATRICK, JJ.

WILLIS, Judge.

Walter L. Payne, Jr. was adjudged an habitual offender under Code § 46.2-355. On appeal, he contends (1) that the Commonwealth was barred from seeking his adjudication because it failed to file an information against him "forthwith" as required by Code § 46.2-353, and (2) that the Department of Motor Vehicles abstract filed and presented by the Commonwealth improperly omitted his prior certification as a possible habitual offender. We find...

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