DUI Alexandria City Twice Within Five Year 182266 182270 Arlington County Third Offense Prior Conviction

FREDERICK C. MWANGI v. COMMONWEALTH OF VIRGINIA

SUPREME COURT OF VIRGINIA

277 Va. 393

Mwangi decision being historical belief To The Court of Appeals of Virginia. The Court of Appeals affirmed Mwangi's conviction. At trial, The Commonwealth Sought to simultaneously Introduce Three exhibits have evidence of Mwangi's prior DUI convictions, And The Trial Court Admitted The Exhibition over Mwangi's objections. One of Those exhibits, Exhibit 1, Is A transcript From The Department of Motor Vehicles (DMV) Showing That Mwangi HAD Been Convicted of DUI In The General District Court of the County of Arlington on April 22, 2005, "as well as a purported DUI belief in the City of Alexandria. Another of Those exhibits, Exhibit 3, That Is A summons purport to show That Mwangi HAD Been Convicted of DUI In The Alexandria General District Court. The summons data and identify Thats the Alleged offense Occurred on January 21, 2005 and Mwangi That Appeared In The general district court, Represented by counsel, on July 15, 2005. The summons data and identify aussi That Mwangi has Entered guilty plea, WAS Tried and found guilty as charged, and fined and WAS Sentenced to a jail term. The summons, however, IS not signed by a judge. Mwangi contender thats the Trial Court erred in Convicting HIM of DUI, third offense, Because Exhibit 3, The order purported DUI conviction, is Not Endorsed by a judge and, Malthus, is No order at all.

The dispositive outcome in this appeal IS whether the Courts of Appeals erred in Affirming a conviction for driving "under the influence, third offense, Where the Commonwealth's proof of Recidivism subsequently assembled was purported order from a general district court Which WAS never Endorsed by a judge.

The Commonwealth of Virginia has The Burden of proving all elements of a crime, Including Prior convictions, Beyond a Reasonable Doubt. In a short-not-of-record, a judge's signature rendition of The tests have a jugement. The provision purported On The Back Of A Warrant Is Not an order Because It Is not signed by The Judge. While The DMV transcript admissible in evidence WAS to Prove Prior convictions, The Commonwealth's Exhibit 3 have rebutted the Evidence To The Alexandria conviction. The Commonwealth, Therefore, failed to Prove That Mwangi HAD Been Convicted of DUI Twice Before. It suit, Then, thats the Court of Appeals erred in Affirming Mwangi's conviction.

The Supreme Court reversed The Judgement Of The Court of Appeals Vacated The Trial Court's Judgement, and remanded The Case To The Court of Appeals With direction thats the Court of Appeals Remand The Case To The Trial Court for a New Trial On The lesser-included If The Commonwealth misdemeanor charge n Be Advised.

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