Earl A. Terpstra, Jr. v Commonwealth

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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 COMMONWEALTH OF VIRGINIA MEMORANDUM OPINION * BY CHIEF JUDGE NORMAN K. MOON 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.

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