Warren Anthony Thomas v. Commonwealth of Virginia
720 S.E.2d 157
Va. Ct. App.2012Background
- Thomas was declared a habitual offender on August 24, 1993, with an order barring him from operating a motor vehicle and demanding surrender of licenses; the order did not say revoke.
- The 1993 order used the language of the pre-amended statute, not the term revocation.
- In 2010, Thomas was indicted for two violations of Code § 46.2-357 (habitual offender provisions).
- Trial proceeded with Commonwealth presenting evidence; Thomas did not present evidence and moved to strike, which the court denied; he was convicted on both counts.
- Amendments in 1995 changed the language around revocation and restoration, but the court held the 1993 order still revoked his driving privilege under the current statute.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the 1993 habitual-offender order revoked Thomas’s driving privilege under Code § 46.2-357(A). | Thomas argues the order did not use ‘revoke’ and thus failed to revoke. | Commonwealth contends the order satisfied the definition of revocation under Code § 46.2-100 and 46.2-356. | Yes; the order was sufficient to revoke under the statute, sustaining the conviction. |
Key Cases Cited
- Rose v. Commonwealth, 265 Va. 430 (2003) (incomplete order lacking prohibition fails 46.2-357 conviction)
- Lilly v. Commonwealth, 50 Va. App. 173 (2007) (discusses partial repeal of Habitual Offender Act)
- Varga v. Commonwealth, 260 Va. 547 (2000) (pre-amendment orders and revocation language considered)
- Long v. Commonwealth, 23 Va. App. 537 (1996) (examples of pre-amendment habitual-offender orders)
- Meeks v. Commonwealth, 274 Va. 798 (2007) (statutory interpretation guiding labeling of provisions)