Cuffee-Smith v. Commonwealth

LARRY G. ELDER, Judge.

Eloise Cuffee Smith (appellant) appeals from the sentence imposed following her felony conviction for her second or subsequent offense of driving after having been declared an habitual offender pursuant to Code § 46.2-357. On appeal, she contends the trial court erroneously concluded it lacked the authority to place her in an electronic home monitoring program pursuant to Code § 53.1-131.2. The Commonwealth contends appellant failed to preserve this argument for appeal. We hold appellant preserved the issue for appeal but conclude, on the merits, that a person convicted…