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MORGAN v. COM.

Record No. 2128-97-3.

507 S.E.2d 665 (1998)

28 Va. App. 645

Benjamin Matthew MORGAN v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia, Salem.

December 15, 1998.

Attorney(s) appearing for the Case

Elwood Earl Sanders, Jr., Director Capital/Appellate Services (Public Defender Commission, on briefs), for appellant.

H. Elizabeth Shaffer, Assistant Attorney General (Mark L. Earley, Attorney General, on brief), for appellee.

Present: COLEMAN, BUMGARDNER and LEMONS, JJ.

LEMONS, Judge.

Benjamin M. Morgan appeals his conviction for driving after having been declared an habitual offender. On appeal, he argues that the doctrine of res judicata prohibits his conviction. Finding no error, we affirm his conviction.

BACKGROUND

On December 20, 1995, the Commonwealth's Attorney of Henry County filed an information seeking to have Benjamin M. Morgan declared an habitual offender. A certified transcript of Morgan...

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