Commonwealth v. Brumfield

In this case we must determine whether a bond forfeiture, on a charge of driving under the influence of alcohol in another state, constitutes a “conviction” for the purposes of adjudicating the defendant an habitual offender, pursuant to the Virginia Habitual Offender Act, Code § 46.1-387.1 et seq.. Henry Ray Brumfield was ordered, pursuant to Code § 46.1-387.5, to appear before the Circuit Court of Pittsylvania County to show cause why he should not be adjudged an habitual offender. After reviewing the evidence, the trial court held that one of the three offenses upon which the Commonwealth…