Bishop v. Commonwealth

BENTON, Judge.

Carroll R. Bishop was convicted of driving after having been adjudicated an habitual offender in violation of Code § 46.2-357(B) and sentenced as a felon pursuant to subsection (B)(2). He contends that the evidence was sufficient only to support punishment for a misdemeanor under subsection (B)(1) of the statute. 1 We agree; therefore, we reverse the felony sentence and remand the case for resentencing.

I

The undisputed evidence proved that Bishop was seated in the driver’s seat of a motor vehicle stopped at a toll booth on the Chesapeake Bay Bridge Tunnel. Two passengers were in…