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HARRIS v. COM.

Record No. 0558-13-1.

759 S.E.2d 29 (2014)

63 Va. App. 525

James Albert HARRIS, III v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia, Chesapeake.

June 24, 2014.

Attorney(s) appearing for the Case

H.K. Reveley, Jr. , Virginia Beach, for appellant.

Craig W. Stallard , Assistant Attorney General ( Mark R. Herring , Attorney General, on brief), for appellee.

Present: KELSEY, BEALES and DECKER, JJ.

BEALES, Judge.

The trial court convicted James Albert Harris, III (appellant) of felony driving a motor vehicle after having been adjudged a habitual offender, second or subsequent offense, under Code § 46.2-357(B). Appellant argues on appeal that the trial court "abused its discretion when it failed to take the matter under advisement pursuant to Starrs v. Commonwealth." However, the stated purpose for taking the matter under advisement was irrelevant...

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