Morse v. Commonwealth
In Morse v. Commonwealth, 6 Va. App. 466, 369 S.E.2d 863 (1988), Morse contended the trial court erroneously relied on a prior conviction for driving with a suspended license when it declared him an habitual offender, arguing that the evidence was not sufficient to convict him of driving with a suspended license.
The Court held, "we find no sound reason for allowing the defendant to challenge the sufficiency of the evidence to support his underlying conviction.
If such a practice were authorized, the adjudication hearing would inevitably become a forum for relitigating each of the three prior final judgments." Id. at 469, 369 S.E.2d at 865.