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THOMAS v. COMMONWEALTH

Record Nos. 012253, 012254.

559 S.E.2d 652 (2002)

263 Va. 216

Jeffrey Allen THOMAS v. COMMONWEALTH of Virginia.

Supreme Court of Virginia.

March 1, 2002.

Attorney(s) appearing for the Case

Michael J. Barbour, Pulaski; Marie Donnelly, Charlottesville; (Brian T. Scheid, Narrows; Gilmer, Sadler, Ingram, Sutherland & Hutton, Pulaski; Virginia Capital Representation Resource Center; Warren Scheid & Lilly, Narrows, on brief), for appellant.

Paul C. Galanides, Asst. Atty. Gen. (Randolph A. Beales, Atty. Gen., on brief), for appellee.

Present: All Justices.

ELIZABETH B. LACY, Justice.

In this appeal, we review the capital murder conviction and death penalty imposed upon Jeffrey Allen Thomas, along with his convictions for attempted rape and use of a firearm in the commission of a murder.

I. PROCEEDINGS

On June 26, 2000, Jeffery Allen Thomas was indicted by a Pulaski County grand. jury for capital murder in the commission of or subsequent to rape or attempted rape, Code § 18.2-31(5); for rape

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