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TURNER v. COM.

Record Nos. 1108-90-3, 1649-90-3.

408 S.E.2d 586 (1991)

William Harold TURNER, Jr. v. COMMONWEALTH of Virginia. Charles William BASHAM v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia.

September 3, 1991.

Attorney(s) appearing for the Case

Harry W. Garrett, Jr. (Garrett, Wallace, Boggess & Davis, Bedford, on briefs), for William Harold Turner, Jr.

Anthony F. Anderson (Melissa W. Friedman, Roanoke, on briefs), for Charles William Basham.

Linwood T. Wells, Jr., Asst. Atty. Gen. (Mary Sue Terry, Atty. Gen., on briefs), for appellee.

Present: KOONTZ, C.J., and DUFF and WILLIS, JJ.

WILLIS, Judge.

William Harold Turner, Jr. and Charles William Basham contend on appeal that the trial court abused its discretion and denied them due process of law in denying their motions for referral to VASAP. We agree. Accordingly, we reverse the judgment of the trial court in each case and remand these cases for further proceedings. By agreement of the parties, these cases were consolidated for argument and decision.

On January 3, 1990, Turner was found...

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