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WELSHMAN v. COM.

Record No. 0818-96-3.

491 S.E.2d 294 (1997)

25 Va. App. 599

Gordon Wayne WELSHMAN, Sometimes Known as Gordon Wayne Welshman, Jr. v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia, Richmond.

October 7, 1997.

Attorney(s) appearing for the Case

Clinton R. Shaw, Jr., Lynchburg (Office of the Public Defender, on brief), for appellant.

Eugene Murphy, Assistant Attorney General (James S. Gilmore, III, Attorney General, on brief), for appellee.

Present: BENTON and ANNUNZIATA, JJ., and DUFF, Senior Judge.

ANNUNZIATA, Judge.

Following a bench trial, appellant, Gordon Wayne Welshman, Jr., was convicted of possession of cocaine with intent to distribute. On appeal, he contends that the trial court erred in denying his motion to suppress the cocaine and that the evidence is insufficient to support his conviction. We hold that appellant was unlawfully seized and that, as a consequence, the cocaine recovered as a result of his seizure should have been suppressed.

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