Commonwealth v. Holtz

*1152UPON HEARING EN BANC

Opinion

DUFF, J.

This is an appeal from an October 3, 1989 judgment of the Circuit Court of Fairfax County dismissing an information filed in an habitual offender proceeding. The Commonwealth filed the information against Clifford Holtz to have him declared an habitual offender based on two convictions for driving while intoxicated in violation of Fairfax County Code § 82-4-17 and one conviction for driving while intoxicated in violation of Virginia Code § 18.2-266. The trial court invalidated the provisions of Fairfax County Code § 82-4-21, providing for enhanced…