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State court of last resort · ST-VA-SC
Mwangi v. Commonwealth
No. 081065Supreme Court of Virginia
081065 Mwangi v. Commonwealth 02/27/2009 In a prosecution on charges of driving under the influence in violation of Code § 18.2-266, third offense, leading to a sentence under Code § 18.2-270(C)(1), the Court …
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081065 Mwangi v. Commonwealth 02/27/2009 In a prosecution on charges of driving under the influence in violation of Code § 18.2-2…
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- Supreme Court of Virginia
- First added here
- October 4, 2026
- Last entry
- February 27, 2009
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081065 Mwangi v. Commonwealth 02/27/2009 In a prosecution on charges of driving under the influence in violation of Code § 18.2-266, third offense, leading to a sentence under Code § 18.2-270(C)(1), the Court of Appeals erred in affirming the conviction where the Commonwealth's proof of recidivism at trial relied on a purported order from a general district court which was never endorsed by a judge, which did not prove the prior conviction that is an element of the felony offense. The judgment is reversed, the trial court conviction is vacated, and the case is remanded for a new trial on the lesser-included misdemeanor charge if the Commonwealth be so advised.
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ReversedVacatedAffirmedRemanded
The court's record, as written
081065 Mwangi v. Commonwealth 02/27/2009 In a prosecution on charges of driving under the influence in violation of Code § 18.2-266, third offense, leading to a sentence under Code § 18.2-270(C)(1), the Court of Appeals erred in affirming the conviction where the Commonwealth's proof of recidivism at trial relied on a purported order from a general district court which was never endorsed by a judge, which did not prove the prior conviction that is an element of the felony offense. The judgment is reversed, the trial court conviction is vacated, and the case is remanded for a new trial on the lesser-included misdemeanor charge if the Commonwealth be so advised.
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