Commonwealth v. Rivera

Opinion

FITZPATRICK, J.

The Commonwealth appeals a decision of the Circuit Court of Fairfax County dismissing an information against Ferdinand Rivera adjudicating him an habitual offender. Code §§ 46.2-351 to -363. The trial court held that a June 9, 1987 amendment to the Fairfax City Code was invalid, because it was a prospective adoption of future legislative amendments. For the reasons set forth below, we conclude that the Fairfax City ordinance at issue in this case was not unconstitutional because no improper delegation of authority actually occurred. Accordingly, we reverse the judgment.

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