Commonwealth v. Flanders

By Judge Stanley P. Klein

This habitual offender proceeding was tried by the Court on February 11, 1993. In his brief in support of Ms motion to dismiss the Rule to Show Cause, the Defendant attacked two of the alleged predicate offenses. The Commonwealth conceded that Me Defendant’s 1983 DWI conviction from Maryland could not constitute a predicate offense in this case. However, the Commonwealth asserted that the Defendant’s 1987 conviction for driving on a suspended license under the Fairfax County Code was a valid conviction and three predicate offenses existed without consideration of the…