Rose v. Commonwealth

The dispositive issue in this appeal is whether the Commonwealth presented sufficient evidence to sustain appellant’s felony conviction for driving after having been adjudicated an habitual offender, second or subsequent offense, in violation of Code § 46.2-357.

BACKGROUND

The pertinent facts are not in dispute. We consider those facts in the light most favorable to the Commonwealth, Dowden v. Commonwealth, 260 Va. 459, 461, 536 S.E.2d 437, 438 (2000), and for purposes of our resolution of this appeal, briefly summarize them in the following fashion. On the morning of June 13, 2000, Harold…