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that evidence of Dodson’s prior record and inclusion under the “enhanced punishment” statute for subsequent offenders should be excluded.
“It’s not the best warrant I’ve ever seen,” Judge Foley agreed, “but the warrant did fairly advise the defendant. It meets the requirements of the state code.” He allowed Dodson’s record, including several previous convictions for illegal sale of alcohol, to be considered.
Mr. Luke argued for a substantial jail term, noting that by tearing the seals on the bottles Dodson clearly knew that what he was doing was illegal, and that “he took steps to ensure that future convictions would be more difficult.”
“This has been going on for a long time,” Mr. Luke told Judge Foley, alluding to the previous convictions. “The only way to stop him is to put him in jail for a long time. Thirty days is not enough — that’s what he got last time.”
Mr. Baumgardner requested leniency, citing Dodson’s decorated service during World War II, his failing health and the fact that the liquor was apparently purchased from an ABC store, where the proper taxes were paid. He wasn’t making liquor illegally, or bringing it in from out of state, Mr. Baumgardner told the court. And his only prior record relates to the illegal sale of alcohol, he added.
“This is one area,” Mr. Luke replied, “where Mr. Dodson does whatever he wants regardless of what the court says. It’s a waste of tax money” to send ABC agents out all the time to check on Dodson, he said. “He needs some time in jail to reflect on it.”
“This seems to be your Achilles heel,” Judge Foley told Dodson, “the sale of alcohol.” He added that his wartime decorations and failing health could not serve as an excuse for his actions.
‘This court cannot excuse your behavior,” he said, noting previous convictions in 1984 and 1985. “Somewhere along the line the message has not gotten through.” Judge Foley added that “maybe where you need to be hit is in the pockets, and with what I’m going to do you’re going to havfe to sell a lot of whiskey to make it up.”
He then levied the total of $2,250 in fines and the six-month jail term. Judge Foley added that Dodson’smedical condition was the main factor in his consideration of the jail term. Mailbox vandals sentenced
Mr. Luke ?dso requested a lengthy jail term in the cases of Johnny Ray Dean of Nokesville and
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