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MILLER v. COM.

Record No. 2549-94-3.

471 S.E.2d 780 (1996)

22 Va. App. 497

Keith Wayne MILLER v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia, Richmond.

June 11, 1996.

Attorney(s) appearing for the Case

Elizabeth P. Murtagh, Lexington (Office of the Public Defender, on brief), for appellant.

John K. Byrum, Jr., Assistant Attorney General (James S. Gilmore, III, Attorney General, on brief), for appellee.

Present: BAKER and COLEMAN, JJ., and COLE, Senior Judge.

COLEMAN, Judge.

Keith Wayne Miller was convicted in a bench trial of using a firearm during the commission of rape in violation of Code § 18.2-53.1.1 He was sentenced as a recidivist to a mandatory term of five years in the penitentiary, rather than to three years, which is the mandatory sentence for a first offender. Miller contends that the trial court erred by sentencing him as a recidivist...

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