Commonwealth v. Miller

By Judge Thomas D. Horne

This cause came to be heard July 2,1993, pursuant to a Show Cause Order directing the defendant, Mr. Miller, to appear and demonstrate why he should not be declared an habitual offender and prohibited from operating a motor vehicle under the provisions of Chapter 3, Article 9, of Title 46.2 (Subsection 46.2-352 et seq.) of the Code of Virginia (1950), as amended.

Mr. Miller appeared and argued that the present proceeding against him should be dismissed because the Commonwealth is prohibited from using any convictions prior to November 21,1989, to declare Mr. Miller an…