VA Code 46.1-387.4 Interpretation
In Wright v. Commonwealth, 11 Va. App. 527, 399 S.E.2d 449 (1990), the Court concluded that former Code 46.1-387.4 was not a jurisdictional statute, but rather established venue for habitual offender proceedings. See id. at 528-29, 399 S.E.2d at 449-50; Slaughter, 222 Va. at 791, 284 S.E.2d at 826 (referring to where an habitual offender case is brought as a question of venue);
See also 1974-75 Va. Att'y Gen. Rep. 285, 74-75 Va. AG 285 (opining that Code 17-123 controlled jurisdiction in habitual offender adjudications and that Code 46.1-387.3 and 46.1-387.4 were venue statutes).
The Court further held that an habitual offender proceeding was a civil proceeding subject to Code 8.01-264. See Wright, 11 Va. App. at 529, 399 S.E.2d at 449-50.
Under Code 8.01-264, an objection to venue is waived if not raised in a timely manner.
And "no order, judgment, or decree shall be voidable, avoided, or subject to collateral attack solely on the ground that there was improper venue." Code 8.01-258.