Bishop v. Commonwealth

I concur in the affirmance of Bishop’s obstruction of justice conviction. I dissent from the affirmance of his habitual offender conviction.

Our review of Bishop’s habitual offender conviction is controlled by Reed v. Commonwealth, 15 Va.App. 467, 424 S.E.2d 718 (1992). Pursuant to Code § 46.2-355, Reed was served with a show cause order requiring him to appear before the circuit court to show cause why he should not be determined to be an habitual offender. In disregard of that order, Reed did not appear. An order was entered adjudging him an habitual offender, revoking his driving license,…