Commonwealth v. Ayers

Opinion

ELDER, J.

The Commonwealth appeals from the trial court’s vacation of Danny Ray Ayers’ habitual offender adjudication. It argues on appeal that the trial court erred in holding that North Carolina’s DUI statute, under which appellee was twice convicted, does not substantially conform to Code § 18.2-266, and could not be used as predicate offenses for an habitual offender adjudication in Virginia. For the reason's set forth below, we affirm the trial court’s vacation of the adjudication.

Appellee was declared an habitual offender under Virginia law on February 7, 1992, based on three…