Estes v. Commonwealth

In this case, Johnnie Edward Estes, the defendant, was declared by the trial court to be an habitual offender under the Virginia Habitual Offender Act (Code §§ 46.1-387.1 to 46.1-387.12), hereafter, the Act. This finding was based upon a conviction of driving under the influence in 1964 and convictions of driving under the influence and driving on a suspended license in 1968. The question involved here is whether the two 1968 convictions, having resulted from offenses occurring at the same time, arose “out of separate acts” within the meaning of Code § 46.1-387.2 and count as second and third…