Awkard v. Commonwealth

Opinion

FITZPATRICK, J.

Kenneth Awkard (appellant) was convicted of driving after having been adjudged an habitual offender in violation of Code § 46.2-357. On appeal, he argues that the trial court erred when it failed to sentence him to a mitigated punishment pursuant to Code § 1-16. We agree and remand for re-sentencing.

On April 28, 1993, appellant pled guilty to the felony of driving after having been adjudged an habitual offender. At the time of the plea, the penalty range for this offense was one to five years in a state correctional facility. Subsequently, on July 1, 1993, Code §…