Earl A. Terpstra, Jr. v. Commonwealth ( 1995 )

COURT OF APPEALS OF VIRGINIA
Present: Chief Judge Moon, Judges Willis and Fitzpatrick
Argued at Alexandria, Virginia
EARL A. TERPSTRA, JR.
v. Record No. 1659-94-4 MEMORANDUM OPINION * BY
CHIEF JUDGE NORMAN K. MOON
COMMONWEALTH OF VIRGINIA OCTOBER 10, 1995
FROM THE CIRCUIT COURT OF FAIRFAX COUNTY
Robert W. Wooldridge, Jr., Judge
Jim Lowe (R. Ramsey Maupin, on brief),
for appellant.
(James S. Gilmore, III, Attorney General;
Margaret Ann B. Walker, Assistant Attorney
General, on brief), for appellee. Appellee
submitting on brief.
Earl A. Terpstra, Jr.'s, conviction of second offense
driving while under the influence is affirmed. Terpstra
maintains that as a predicate offense the Commonwealth relied
upon an uncounseled DWI conviction. In Griswold v. Commonwealth,
21 Va. App. ___, ___, ___ S.E.2d ___, ___ (1995) (en banc), this
Court held that admission into evidence of an uncounseled
conviction which included a suspended sentence in the sentencing
phase of a subsequent trial is permissible. Here, Terpstra's
prior conviction resulted in a fine of $500 with $350 suspended,
thirty days in jail with thirty days suspended, and a six month
restriction on his privilege to drive conditioned upon the
successful completion of the ASAP program. Thus, the trial
court did not err in admitting the uncounseled predicate offense.
Affirmed.
*
Pursuant to Code § 17-116.010 this opinion is not
designated for publication.