Varga v. Commonwealth

In this appeal, we consider whether the trial court in 1998 properly convicted a defendant of driving after being declared an habitual offender under Code § 46.2-357(A) (formerly Code § 46.1-387.8), relying upon a 1984 order by which the defendant was declared an habitual offender.

BACKGROUND

By order entered on December 13, 1984, the Circuit Court of Fairfax County, the trial court, declared John James Varga an habitual offender pursuant to the provisions of former Code § 46.1-387.2. The order stated, in pertinent part, that “John Varga, is hereby DECLARED to be a Habitual Offender and [his]…