Manning v. Commonwealth

UPON REHEARING EN BANC

MOON, Chief Judge.

A panel of this Court in an unpublished memorandum opinion reversed Robert Wayne Manning’s conviction of driving a motor vehicle after having been declared an habitual offender. Manning v. Commonwealth, No. 0681-94-2, 1995 WL 363725 (Va.App., June 20, 1995). The Court granted the Commonwealth’s motion for an en banc review of the appeal. Upon rehearing, we affirm Manning’s conviction.

Manning was declared to be an habitual offender on January 12, 1982. More than ten years after entry of that order, on September 1,1992, Manning was arrested after driving…