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CARDWELL v. COM.

Record No. 2709-97-4.

507 S.E.2d 625 (1998)

28 Va. App. 563

Fred CARDWELL v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia, Alexandria.

December 8, 1998.

Attorney(s) appearing for the Case

Elwood Earl Sanders, Jr., Director Capital/Appellate Services (Public Defender Commission, on briefs), for appellant.

Jeffrey S. Shapiro, Assistant Attorney General (Mark L. Earley, Attorney General, on brief), for appellee.

Present: FITZPATRICK, C.J., and WILLIS and ANNUNZIATA, JJ.

WILLIS, Judge.

Fred Cardwell contends that the trial court abused its discretion by allowing the Commonwealth to reopen its case on a lesser-included offense after a motion to strike had been granted. We find no error and affirm the judgment of the trial court.

I. BACKGROUND

Upon investigation of allegations that he had sexually abused his four-year-old daughter, Cardwell admitted both to his wife and to a Loudoun County investigator that...

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