Norfolk County Circuit Court January 26, 1982, Case No. F-81-0785 (Commonwealth v. Cook)

By Judge Edward L. Ryan, Jr.

Judge Garnett’s dismissal was because of “lack of notice” to the defendant of the habitual offender hearing and order of March 9,1979 (Circuit Court of the City of Norfolk).

Code § 46.1-387.5 in 1979 permitted service on a defendant by publication. The amendment of the statute in 1980 was entirely prospective.