Commonwealth v. Fisher

By Judge John E. Wetsel, Jr.

This case came before the Court on the defendant’s motion to dismiss the indictment charging the defendant with driving after having been adjudged an habitual offender pursuant to Virginia Code § 46.2-357 on the ground that at the time that the defendant was adjudged an habitual offender, he was an alcoholic, and no guardian ad litem was appointed for him in the underlying habitual offender adjudication. Upon consideration of the evidence and the memoranda of counsel, the court bases the following [findings and conclusions].

I. Findings of Fact

The following facts…