MORRIS v. COM.

Record No. 1610-99-4.

536 S.E.2d 458 (2000)

33 Va. App. 664

Ennos MORRIS v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia, Alexandria.

November 7, 2000.


Attorney(s) appearing for the Case

Christopher R.K. Leibig, Assistant Public Defender (Office of the Public Defender, on brief), for appellant.

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

Present: FITZPATRICK, C.J., and BENTON and ANNUNZIATA, JJ.


FITZPATRICK, Chief Judge.

Ennos Morris (appellant) was convicted in a jury trial of driving after having been adjudicated an habitual offender, in aloviolation of Code § 46.2-357(B)(2). The sole issue on appeal is whether the trial court erred in denying appellant's motion to strike the evidence because the indictment alleged that he had been "adjudicated" an habitual offender, while the evidence proved he had been "determined" an habitual offender.

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