CALDWELL v. COM.

Record No. 0708-87-3.

379 S.E.2d 368 (1989)

John Ansel CALDWELL, Jr. v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia.

April 18, 1989.


Attorney(s) appearing for the Case

Robert E. Wick, Bristol (Gordon Widenhouse, on brief), for appellant.

David A. Rosenberg, Asst. Atty. Gen. (Mary Sue Terry, Atty. Gen., on brief), for appellee.

Present: KOONTZ, C.J., and BARROW and MOON, JJ.


BARROW, Judge.

In this appeal we conclude that the immunity from prosecution provided under Code § 18.2-262 applies only to offenses arising under Title 18.2, Chapter 7, Article 1 or the Drug Control Act, but not to the offenses of breaking and entering or grand larceny. We also decide that the trial court did not err in sentencing the defendant to a greater term of imprisonment than that given to his two co-defendants.

There is no dispute as to the facts...

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