Record No. 0653-98-1.

510 S.E.2d 274 (1999)

29 Va. App. 158

Michael Alan SEARS v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia, Norfolk.

February 9, 1999.

Attorney(s) appearing for the Case

Thomas L. Watkins, Deputy Public Defender (Office of the Public Defender, on brief), for appellant.

Richard B. Smith, Assistant Attorney General (Mark L. Earley, Attorney General, on brief), for appellee.

Present: FITZPATRICK, C.J., BRAY, J., and OVERTON, Senior Judge.

BRAY, Judge.

Michael Alan Sears (defendant) was convicted of driving a motor vehicle after having been declared an habitual offender, a "second or subsequent offense," in violation of Code § 46.2-357(B)(3). Defendant argues on appeal that the evidence was insufficient to prove he was an habitual offender at the time of the alleged crime. Finding no error, we affirm the conviction.

Under familiar principles...

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