Morris v. Commonwealth

FITZPATRICK, Chief Judge.

Ennos Morris (appellant) was convicted in a jury trial of driving after having been adjudicated an habitual offender, in violation 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. 1 For the following reasons, we affirm.

I

Under familiar principles of appellate review, we examine the evidence in the light most favorable to the…