Commonwealth v. Dalton

Opinion

COLEMAN, J.

The Commonwealth appeals the decision of the Circuit Court of Pulaski County holding that the evidence failed to prove Harvey Lee Dalton, Jr., to be an habitual offender. See Code §§ 46.1-387.1 through 387.12 (now Code §§ 46.2-351 through 46.2-363). The Commonwealth argues that, pursuant to Code § 46.1-387.3 (now Code § 46.2-352), the evidence established a prima facie case that Harvey Lee Dalton, Jr., the person named in the Department of Motor Vehicles (DMV) record and abstracts of conviction, had been convicted of the requisite offenses to be declared an habitual offender…