Michael Alan Sears v. Commonwealth of Virginia

BRAY, Judge.

Michael Alan Sears (defendant) was convicted of driving a motor vehicle after having been declared an habitual offender, a “second or subsequent offense,” in violation of Code § 46.2-357(B)(3). Defendant argues on appeal that the evidence was insufficient to prove he was an habitual offender at the time of the alleged crime. Finding no error, we affirm the conviction.

Under familiar principles of appellate review, we construe the evidence in the light most favorable to the Commonwealth, granting to it all reasonable inferences fairly deducible therefrom. Martin v. Commonwealth, 4…