LUX v. COM.

Record No. 1304-96-2.

484 S.E.2d 145 (1997)

24 Va. App. 561

Herbert W. LUX, Jr. v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia, Richmond.

April 22, 1997.


Attorney(s) appearing for the Case

Muriel-Theresa Pitney, Senior Assistant Public Defender, for appellant.

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

Present: COLEMAN, ELDER and FITZPATRICK, JJ.


ELDER, Judge.

Herbert W. Lux, Jr. (appellant) appeals an order of the trial court revoking his suspended jail sentence from a previous conviction. He contends that the trial court erred when it denied his motion to disqualify the Commonwealth's attorney. For the reasons that follow, we reverse and remand.

I.

FACTS

In January, 1994, a jury convicted appellant of "grand larceny by false pretenses...

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