Rose v. Commonwealth

FITZPATRICK, Chief Judge.

Harold Oscar Rose, Jr. (appellant) was convicted in a bench trial of unlawfully and feloniously driving a motor vehicle after having been found to be an habitual offender, second or subsequent offense, in violation of Code § 46.2-357. 1 On appeal, he contends the initial order that adjudicated him to be an habitual offender was invalid and that the Commonwealth’s evidence was insufficient to support a conviction for felony habitual offender, second or subsequent offense, because of the infirmities in the original order. We find no error and affirm the trial court.

I.…