Nehemiah NMN Thomas v. Commonwealth

MOON, Chief Judge.

Nehemiah NMN Thomas, Jr. appeals his conviction of driving after having been declared an habitual offender, second offense. Thomas asserts that the trial court erred in: (1) finding that Code § 46.2-357(B)(3) was not vague or overly broad and that it conformed with legislative intent; (2) finding that Code § 46.2-357(B)(3) does not require that a prior conviction of a first offense precede the charging of a second offense under Code § 46.2-357; and (3) permitting the Commonwealth to amend the indictment.

We hold that Code § 46.2-357(B)(3) is not vague or overly broad and that…