SULLIVAN v. COM.

Record No. 0014-91-2.

420 S.E.2d 724 (1992)

Kevin Patrick SULLIVAN v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia.

Rehearing En Banc Granted October 8, 1992.


Attorney(s) appearing for the Case

Michael C. Allen, Richmond (Hairfield, Morton, Allen & Rockwell, on brief), for appellant.

Thomas D. Bagwell, Sr. Asst. Atty. Gen. (Mary Sue Terry, Atty. Gen., Richard B. Smith, Asst. Atty. Gen., on brief), for appellee.

Present: BARROW, BENTON and DUFF, JJ.


DUFF, Judge.

Kevin Sullivan appeals his November 2, 1990, convictions of (1) robbery and (2) use of a firearm in the commission of a robbery against Curtis Meade, arguing that both convictions are barred by the constitutional prohibitions against double jeopardy. We agree and reverse the judgment of the trial court.

I.

On February 28, 1990, Tommy Foster and Curtis Meade were preparing to close the Movie...

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