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GARCIA v. COM.

Record No. 0730-93-4.

464 S.E.2d 563 (1995)

21 Va. App. 445

Edwin U. GARCIA, a/k/a Leonel Giron v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia, Richmond.

December 19, 1995.

Attorney(s) appearing for the Case

David Bernhard (Bernhard & Gardner, on brief), Arlington, for appellant.

Leah A. Darron, Assistant Attorney General (James S. Gilmore, III, Attorney General, on brief), for appellee.

Present: MOON, C.J., and BAKER, BENTON, COLEMAN, WILLIS, ELDER, BRAY, FITZPATRICK, ANNUNZIATA and OVERTON, JJ.

UPON REHEARING EN BANC

COLEMAN, Judge.

Edwin Garcia was convicted in a jury trial of first degree murder, use of a firearm in commission of murder, and possession of a firearm by a convicted felon. Garcia contends that the trial court erred by allowing a witness to testify on cross-examination by defense counsel about a hearsay statement the victim made to the witness. A panel of this Court held that the testimony was inadmissible hearsay and reversed the...

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