Mason v. Commonwealth
In Mason v. Commonwealth, 16 Va. App. 260, 262-63, 430 S.E.2d 543, 544 (1993), a jury convicted Mason in a single trial of two separate counts of distributing cocaine in violation of Code 18.2-248.
As a result, Mason received an enhanced punishment for the second or subsequent offense.
The Court held that "an enhanced punishment may be applied where there are multiple convictions for separate offenses in a simultaneous prosecution." Mason, 16 Va. App. at 262-63, 430 S.E.2d at 544.
Implicit in that holding is that each offense must be and was sufficiently proved by competent evidence.
In Mason, there was no argument raised about the quality of the evidence to prove each offense; therefore, by sufficiently establishing each offense, the Commonwealth necessarily proved the second or subsequent offense.