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SPROUSE v. COM.

Record No. 1696-93-2.

453 S.E.2d 303 (1995)

John Edward SPROUSE v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia.

January 24, 1995.

Attorney(s) appearing for the Case

Norman Lamson, Charlottesville, for appellant.

G. Russell Stone, Jr., Asst. Atty. Gen. (James S. Gilmore, III, Atty. Gen., Janet F. Rosser, Asst. Atty. Gen., on brief), for appellee.

Present: BAKER, BENTON and FITZPATRICK, JJ.

JOSEPH E. BAKER, Judge.

John Edward Sprouse (appellant) appeals from his bench trial conviction by the Circuit Court of Albemarle County (trial court) for use of a firearm during the commission of a robbery. At trial, appellant pleaded guilty to the robbery. The sole issue presented by this appeal is whether a toy pistol1 constitutes a "pistol, shotgun, rifle or other firearm" within the meaning of Code § 18.2-53.1. For the reasons...

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