Moses v. Commonwealth

COLEMAN, Judge.

Gleen Allen Moses was declared to be an habitual offender by the Circuit Court of Campbell County. See Code § 46.2-351 et seq. He contends that the trial court erred by improperly admitting into evidence a certified copy of an abstract of a DUI conviction from the convicting court in order to prove one of the predicate offenses, rather than relying solely upon the “record, as maintained in the office of the Department [of Motor Vehicles]” (DMV), as provided by Code § 46.2-351. He argues that Code § 46.2-351 defines an habitual offender according to the DMV records; therefore,…