MILLER v. COM.

Record No. 2040-96-4.

492 S.E.2d 482 (1997)

25 Va. App. 727

Martin M. MILLER v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia, Alexandria.

November 4, 1997.


Attorney(s) appearing for the Case

Judith M. Barger, Assistant Public Defender, for appellant.

Marla Graff Decker, Assistant Attorney General (James S. Gilmore, III, Attorney General, on brief), for appellee.

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


ANNUNZIATA, Judge.

Martin M. Miller was convicted for knowingly and intentionally possessing a firearm after having been previously convicted of a felony, in violation of Code § 18.2-308.2. Raising an issue of first impression in the Commonwealth, Miller argues that his conviction was obtained in violation of his right to due process of law. We agree, reverse his conviction and dismiss the charge against him.

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