Commonwealth v. Long

By Judge Alfred D. Swersky

This matter is before the Court on Motions in Limine filed by both parties.

Defendant’s motion to preclude the Commonwealth from introducing evidence of Defendant’s prior conviction of driving after having been declared an habitual offender in the guilt phase of the trial is granted. The Court finds that the statutory enhancement of punishment found in Code of Virginia, § 46.2-357(B)(2), is a “specific recidivist” statute designed by the legislature to deter repeated or habitual criminal behavior. A prior conviction is not a necessary element of the offense since none…