Miller v. Commonwealth

COLEMAN, Judge.

Keith Wayne Miller was convicted in a bench trial of using a firearm during the commission of rape in violation of Code § 18.2-53.1. 1 He was sentenced as a recidivist to a mandatory term of five years in the penitentiary, rather than to three years, which is the mandatory sentence for a first offender. Miller contends that the trial court erred by sentencing him as a recidivist because the Commonwealth did not produce a copy of the prior conviction order at sentencing and, therefore, the evidence was insufficient to prove that this was a second or subsequent conviction.…