Honaker v. Commonwealth
In Honaker v. Commonwealth, 19 Va. App. 682, 454 S.E.2d 29 (1995), the Court addressed the conviction of an appellant under West Virginia law in determining whether that conviction could serve to support an habitual offender adjudication.
The Court noted that Honaker concerned the appellant's conviction under W.Va. Code 17C-5-2 for "driving and operating a motor vehicle upon a public highway of West Virginia while under the influence of alcohol . . . ." 19 Va. App. at 685, 454 S.E.2d at 31.
The Court noted that the record disclosed the specific prohibition under West Virginia law upon which the appellant was convicted, viz. driving and operating a motor vehicle while under the influence of alcohol.
The Court held that the provision of the West Virginia statute under which the appellant had been convicted substantially conformed to Code 18.2-266, and therefore it could stand as a predicate offense for an habitual offender adjudication under Code 46.2-351. See 19 Va. App. at 685-686, 454 S.E.2d at 31.