Commonwealth v. Payne

By Judge Jane Marum Roush

This case comes before this Court on the Commonwealth’s Rule to Show Cause brought pursuant to Virginia Code § 46.2-354 (the habitual offender statute) and Defendant’s corresponding Motion to Dismiss die Rule. The Court heard arguments from counsel, received memorandum of law and took the case under advisement For the reasons set out below, the Court denies Defendant’s Motion to Dismiss and will enter an order declaring him to be a habitual offender.

The defendant Walter L. Payne, Jr., challenges the validity of his conviction in 1989 for driving while intoxicated.…