Walter L. Payne, Jr. v. Commonwealth

WILLIS, Judge.'

Walter L. Payne, Jr. was adjudged an habitual offender under Code § 46.2-355. On appeal, he contends (1) that the Commonwealth was barred from seeking his adjudication because it failed to file an information against him “forthwith” as required by Code § 46.2-353, and (2) that the Department of Motor Vehicles abstract filed and presented by the Commonwealth improperly omitted his prior certification as a possible habitual offender. We find no error and affirm the judgment of the trial court.

On February 11,1993, the Commissioner of the Department of Motor Vehicles (DMV)…