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FLYTHE v. COM.

Record No. 800647.

275 S.E.2d 582 (1981)

Elvin FLYTHE v. COMMONWEALTH of Virginia.

Supreme Court of Virginia.

March 6, 1981.

Attorney(s) appearing for the Case

William S. Moore, Jr., Portsmouth (Moore & Sharpe, Portsmouth, on brief), for appellant.

Stephanie J. Valentine, Asst. Atty. Gen. (Marshall Coleman, Atty. Gen., on brief), for appellee.

Before CARRICO, C. J., HARRISON, COCHRAN, POFF, COMPTON and THOMPSON, JJ., and HARMAN, Special Justice.

PER CURIAM.

This appeal by Elvin Flythe involves the applicability of the enhanced punishment provisions of Code § 18.2-53.1. The defendant was tried in the lower court upon two indictments charging him with attempted murder and two indictments charging him with the use of a firearm in each of the attempts. Tried on all four indictments in the same proceeding, Flythe was convicted of all charges, sentenced to two two-year terms of imprisonment for the attempted...

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