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MASON v. COM.

Record No. 0350-92-3.

430 S.E.2d 543 (1993)

Michael Wayne MASON v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia.

April 20, 1993.

Attorney(s) appearing for the Case

Sidney H. Kirstein, Lynchburg (McRorie & Kirstein, on brief), for appellant.

Margaret Ann B. Walker, Asst. Atty. Gen. (Mary Sue Terry, Atty. Gen., on brief), for appellee.

Present: BAKER, BENTON and COLEMAN, JJ.

COLEMAN, Judge.

Michael Wayne Mason was convicted by a jury of two counts of distributing cocaine in violation of Code § 18.2-248. Mason received an enhanced punishment for the second conviction pursuant to Code § 18.2-248(C). On appeal, Mason argues that the court erred by applying the enhanced punishment provision to the second offense because he had not been previously convicted when he committed or was tried for the second offense. Mason's argument has...

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