Triplett v. Commonwealth

Lonnie Lee Triplett (defendant or Triplett), who waived a jury trial, was convicted by the trial court of a felony, operating a motor vehicle in violation of Code § 46.1-387.8 of the Virginia Habitual Offenders Act 1 , and sentenced to a term of one year in the state penitentiary.

Triplett did not waive a preliminary hearing and one was not afforded him. He was tried by the court on a warrant. No indictment or presentment had been returned by the grand jury against Triplett and he had not waived indictment in writing.

The primary question here is whether a defendant, who has not waived such…