Commonwealth v. Stanley

The Commonwealth of Virginia appeals from a judgment dismissing an information filed by the Commonwealth’s Attorney alleging that Kenneth Lee Stanley’s record of convictions shows that he is an habitual offender.

Code § 46.1-387.2(a), the Habitual Offender Act, defines an habitual offender as a driver who has a record of “[tjhree or more convictions” within a 10-year period. The statute also declares, however, that “where more than one included offense shall be committed within a six-hour period such multiple offenses shall, on the first such occasion, be treated for the purposes of this…