Commonwealth v. Clark

By JUDGE ROBERT K. WOLTZ

This opinion resolves issues raised on a proceeding to declare the defendant an habitual offender under the Habitual Offender Act. See Code §§ 46.1-387.1 et seq. The defendant was duly served under § 46.1-387,5 with an order to show cause why he should not be declared an habitual offender. As required by that section, the transcripts or abstracts of conviction documents mentioned in Section 46.1-387.3 were incorporated with the order and served upon the defendant. At issue principally is whether an alleged out-of-state conviction is properly shown to exist, and second,…