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Bishop v. Commonwealth
070640 Bishop v. Commonwealth 01/11/2008 In a prosecution for violation of Code § 46.2-357 the Commonwealth failed to prove beyond a reasonable doubt that the defendant received actual notice that he had been …
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070640 Bishop v. Commonwealth 01/11/2008 In a prosecution for violation of Code § 46.2-357 the Commonwealth failed to prove beyon…
- Court
- Supreme Court of Virginia
- First added here
- October 4, 2026
- Last entry
- January 11, 2008
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070640 Bishop v. Commonwealth 01/11/2008 In a prosecution for violation of Code § 46.2-357 the Commonwealth failed to prove beyond a reasonable doubt that the defendant received actual notice that he had been determined to be an habitual offender, where the transcript of the defendant's driving record failed to clearly reflect that he had received such notice. The defendant's conviction for a violation of Code § 46.2-357 is dismissed. On request of the Commonwealth and the defendant, a conviction for violation of Code § 18.2-460(C) is vacated, and a portion of the case is remanded to the circuit court for a new sentencing proceeding on the lesser included offense as set forth in Code § 18.2…
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· Supreme Court of Virginia
VacatedRemandedDismissed
The court's record, as written
070640 Bishop v. Commonwealth 01/11/2008 In a prosecution for violation of Code § 46.2-357 the Commonwealth failed to prove beyond a reasonable doubt that the defendant received actual notice that he had been determined to be an habitual offender, where the transcript of the defendant's driving record failed to clearly reflect that he had received such notice. The defendant's conviction for a violation of Code § 46.2-357 is dismissed. On request of the Commonwealth and the defendant, a conviction for violation of Code § 18.2-460(C) is vacated, and a portion of the case is remanded to the circuit court for a new sentencing proceeding on the lesser included offense as set forth in Code § 18.2…
Outcome words in this text: dismissed, vacated, remanded.
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