Commonwealth v. Moore

By JUDGE ROSEMARIE ANNUNZIATA

This Court issued an opinion letter on March 5, 1990, dismissing a show cause order against the defendant because one of the three predicate convictions required for adjudication as an habitual offender was based on an invalid county ordinance, Fairfax County Code § 88-4-17. In her order subsequently presented to the Court for entry, defense counsel sought over the Commonwealth’s objection to have the Court vacate and dismiss as void the defendant’s conviction based on the invalid ordinance. For the reasons stated below, the defendant’s conviction is vacated and…