Johnson v. Commonwealth

BRAY, Judge.

Upon a plea of guilty, Sidney Kavinchi Johnson (defendant) was convicted for operating a motor vehicle after having been adjudicated an habitual offender, a second or subsequent offense, in violation of Code § 46.2-357. On appeal, he contends the conviction followed an earlier conviction for driving on a suspended license arising from the “same act” and, therefore, was barred by Code § 19.2-294. We disagree and affirm the trial court.

I

The pertinent facts are uncontroverted. On March 5, 2000, Norfolk Police Officer R.N. Johnson observed a vehicle being operated in the city without…