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HESS v. COM.

Record No. 1135-92-3.

441 S.E.2d 29 (1994)

David Preston HESS v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia.

February 22, 1994.

Attorney(s) appearing for the Case

Robert M. Galumbeck, Tazewell (Galumbeck, Simmons & Reasor, on brief), for appellant.

Marla Lynn Graff, Asst. Atty. Gen. (Stephen D. Rosenthal, Atty. Gen., on brief), for appellee.

Present: MOON, C.J., and COLEMAN and WILLIS, JJ.

COLEMAN, Judge.

David Preston Hess appeals the trial court's order revoking his probation and suspension of imposition of sentence for the 1988 offense of maliciously having shot into an occupied dwelling. Based upon a finding that Hess violated the conditions of probation by wilfully destroying private property, a misdemeanor, the trial court revoked the probation and suspension of sentence and imposed a term of imprisonment. The same trial judge who had presided...

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