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ZELENAK v. COM.

Record No. 1816-94-3.

475 S.E.2d 853 (1996)

23 Va. App. 259

Katina Lynn ZELENAK v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia, Salem.

Rehearing En Banc Granted October 22, 1996.

Attorney(s) appearing for the Case

Frederick M. Kellerman, Jr., Blacksburg (Long & Long, on brief), for appellant.

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

Present: BENTON, ELDER and ANNUNZIATA, JJ.

BENTON, Judge.

Katina Lynn Zelenak was convicted of attempted robbery, use of a firearm during the attempted robbery, and conspiracy to commit robbery. She contends the trial judge erred by refusing to allow expert testimony concerning her duress defense, refusing to admit the statement of an alleged co-conspirator, and permitting the Commonwealth to use a competency report to impeach her. For the reasons that follow, we reverse her convictions and remand for a new...

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