James Albert Harris, III v. Commonwealth of Virginia

BEALES, Judge.

The trial court convicted James Albert Harris, III (appellant) of felony driving a motor vehicle after having been adjudged a habitual offender, second or subsequent offense, under Code § 46.2-357(B). Appellant argues on appeal that the trial court “abused its discretion when it failed to take the matter under advisement pursuant to Starrs v. Commonwealth.” However, the stated purpose for taking the matter under advisement was irrelevant to appellant’s guilt or innocence of the charged offense. For the following reasons, we affirm appellant’s conviction.

I. Background 1

At…