Cleveland v. Commonwealth

BENTON, Judge.

The trial judge convicted Kenneth Charles Cleveland of a felony offense, under Code § 46.2-357(B)(2), of driving while having the status of an habitual offender. Cleveland contends the trial judge rendered impermissible, inconsistent verdicts by convicting him of a felony after acquitting him of violating Code'§ 18.2-266, which is an element of the felony offense. We disagree and affirm the conviction.

I

A grand jury indicted Cleveland on four offenses. One indictment charged him with driving a vehicle while having the status of an habitual offender and while violating Code §…