McClure v. Com., No. 802035
| Docket Nº | No. 802035 |
| Citation | 222 Va. 690, 283 S.E.2d 224 |
| Case Date | October 16, 1981 |
| Court | Supreme Court of Virginia |
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v.
COMMONWEALTH of Virginia.
[222 Va. 691] James W. Haskins, Martinsville (Young, Kiser, Haskins, Mann, Gregory & Young, Martinsville, on brief), for appellant.
Robert H. Anderson, III, Asst. Atty. Gen. (Marshall Coleman, Atty. Gen., Richard B. Smith, Asst. Atty. Gen., on brief), for appellee.
Before CARRICO, C. J., and HARRISON, COCHRAN, POFF, COMPTON, THOMPSON and STEPHENSON, JJ.
STEPHENSON, Justice.
The issue in this appeal is whether a person can be imprisoned for violating the Virginia Habitual Offender Act when his classification as an habitual offender was based, in part, on uncounseled misdemeanor convictions. This issue was decided in Whorley v. Commonwealth, 215 Va. 740, 214 S.E.2d 447, cert. denied, 423 U.S. 946, 96 S.Ct. 356, 46 L.Ed.2d 227 (1975). However, we have been asked to reexamine Whorley in light of the decision of the United States Supreme Court in Baldasar v. Illinois, 446 U.S. 222, 100 S.Ct. 1585, 64 L.Ed.2d 169 (1980).
Robert William McClure was convicted in North Carolina of driving a motor vehicle while under the influence of intoxicants in November, 1977. He was not represented by counsel and did not waive his right to counsel. In October, 1978, in the City of Martinsville, McClure was convicted of driving a motor vehicle after his operator's license had been revoked. Again, he did not have an attorney and did not waive his right to one. McClure was convicted of the same charge in April, 1979, in Henry County. He was represented by counsel on that offense.
[222 Va. 692] As a result of these three convictions, a civil proceeding was instituted in the Circuit Court of Henry County, pursuant to Code § 46.1-387.4, to have McClure adjudged an habitual offender as defined by Code § 46.1-387.2. After hearing the evidence, including McClure's admission that he had been convicted of the three traffic offenses, the court found that he was an habitual offender. McClure's driver's license was revoked for ten years, and the court advised him that if he were thereafter convicted of operating a motor vehicle in the Commonwealth he would be guilty of a felony and could be sentenced to not less than one year, nor more than five years, in the penitentiary.
On September 29, 1980, McClure was found guilty of feloniously operating a motor vehicle after having been declared an habitual offender, and he was sentenced to serve one year in the penitentiary. It is from this conviction that McClure appeals.
McClure contends that his felony conviction violates his right to counsel as guaranteed
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by the Sixth Amendment to the Federal Constitution because his classification as an habitual offender was predicated upon his uncounseled misdemeanor convictions. To support this contention, he relies on Baldasar, which, he asserts, had...To continue reading
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Sargent v. Com., No. 1499-85
...the motion to suppress and the [5 Va.App. 146] motion to set aside the verdict, relying upon the authority of McClure v. Commonwealth, 222 Va. 690, 283 S.E.2d 224 (1981). Sargent was convicted as charged and The predominant issue in this case is whether the two misdemeanor convictions in Pr......
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Morse v. Com., No. 0043-87-3
...habitual offender because no jurisdiction had attached during the defendant's prior habitual offender hearing. In McClure v. Commonwealth, 222 Va. 690, 283 S.E.2d 224 (1981), the court considered a collateral attack on an habitual offender's underlying convictions. The defendant claimed tha......
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Litton v. Williams, Civ. A. No. 81-0147-B.
...Whorley v. Brillhart, 373 F.Supp. 83 (E.D.Va.1974); Whorley v. Commonwealth, 215 Va. 740, 214 S.E.2d 447 (1975); McClure v. Commonwealth, 222 Va. 690, 283 S.E.2d 224, 222 V.R.R. 629 4 This court is aware of the fact that the decision in Mays v. Harris, 369 F.Supp. 1348 (W.D. Va.1973), rev'd......
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Elkins v. Com., Record No. 1642-98-3.
...habitual offender proceedings. See Griswold v. Commonwealth, 252 Va. 113, 116-17, 472 S.E.2d 789, 791-92 (1996); McClure v. Commonwealth, 222 Va. 690, 694, 283 S.E.2d 224, 226 (1981); Nicely v. Commonwealth, 25 Va.App, 579, 583, 490 S.E.2d 281, 282-83 (1997). The United States Supreme Court......
-
Sargent v. Com., No. 1499-85
...the motion to suppress and the [5 Va.App. 146] motion to set aside the verdict, relying upon the authority of McClure v. Commonwealth, 222 Va. 690, 283 S.E.2d 224 (1981). Sargent was convicted as charged and The predominant issue in this case is whether the two misdemeanor convictions in Pr......
-
Morse v. Com., No. 0043-87-3
...habitual offender because no jurisdiction had attached during the defendant's prior habitual offender hearing. In McClure v. Commonwealth, 222 Va. 690, 283 S.E.2d 224 (1981), the court considered a collateral attack on an habitual offender's underlying convictions. The defendant claimed tha......
-
Litton v. Williams, Civ. A. No. 81-0147-B.
...Whorley v. Brillhart, 373 F.Supp. 83 (E.D.Va.1974); Whorley v. Commonwealth, 215 Va. 740, 214 S.E.2d 447 (1975); McClure v. Commonwealth, 222 Va. 690, 283 S.E.2d 224, 222 V.R.R. 629 4 This court is aware of the fact that the decision in Mays v. Harris, 369 F.Supp. 1348 (W.D. Va.1973), rev'd......
-
Elkins v. Com., Record No. 1642-98-3.
...habitual offender proceedings. See Griswold v. Commonwealth, 252 Va. 113, 116-17, 472 S.E.2d 789, 791-92 (1996); McClure v. Commonwealth, 222 Va. 690, 694, 283 S.E.2d 224, 226 (1981); Nicely v. Commonwealth, 25 Va.App, 579, 583, 490 S.E.2d 281, 282-83 (1997). The United States Supreme Court......