Commonwealth v. Bailey

By Judge Glen A. Tyler

The Defendant, Leroy Bailey, was adjudged to be an habitual offender by the Accomack County Circuit Court on April 4, 1988, pursuant to the statute. Va. Code Ann. § 46.2-351, et seq. (Repl. Vol. 1989, Cum. Supp. 1991). He was personally present at the hearing but gave no cause why he should not have been found an habitual offender. No guardian ad litem was appointed for Defendant, and he was not represented by counsel. He was served with a copy of the order of adjudication upon its entry.

The matter now before the court arises on an indictment of the Defendant by the…