Commonwealth v. Beattie

By Judge F. Bruce Bach

This matter is before the Court on Defendant’s Motion to Dismiss the Rule to Show Cause why he should not be adjudged an habitual offender under Virginia Code § 46.2-351. The Court sustains the motion.

The Commonwealth submitted three abstracts of conviction in accordance with § 46.2-352. Under Nesselrodt v. Commonwealth, 444 S.E.2d 261 (Va. App. 1994), each abstract must satisfy the requirements of § 46.2-386, including the requirement that the abstract be “certified by the general district court . . . judge or clerk.” Certifications which do not establish the signer’s…