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COM., DEPT. OF MOTOR VEHICLES v. LYNN

Record No. 0427-98-1.

510 S.E.2d 270 (1999)

29 Va. App. 151

COMMONWEALTH of Virginia, DEPARTMENT OF MOTOR VEHICLES v. Arthles Hasker LYNN.

Court of Appeals of Virginia, Norfolk.

February 2, 1999.

Attorney(s) appearing for the Case

Eric K.G. Fiske, Assistant Attorney General (Mark L. Earley, Attorney General, on brief), for appellant.

No brief or argument for appellee.

Present: BENTON and ANNUNZIATA, JJ., and OVERTON, Senior Judge.

BENTON, Judge.

The issue presented in this appeal is whether the trial judge possessed authority pursuant to Code § 46.2-361(B) to order the restoration of a driver's license to Arthles Hasker Lynn, an habitual offender. Because several convictions which led to the habitual offender determination were based, in part, on suspensions not specified in Code § 46.2-361(C), we hold that the trial judge lacked authority to order the restoration of Lynn's driver...

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