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PHILLIPS v. COM.

Record No. 1980-97-3.

500 S.E.2d 848 (1998)

27 Va. App. 674

Matthew Shane PHILLIPS v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia, Salem.

June 30, 1998.

Attorney(s) appearing for the Case

Thomas R. Scott, Jr. (Street, Street, Street, Scott & Bowman, on briefs), Grundy, for appellant.

Linwood T. Wells, Jr., Assistant Attorney General (Mark L. Earley, Attorney General, on brief), for appellee.

Present: COLEMAN, WILLIS and ANNUNZIATA, JJ.

COLEMAN, Judge.

The sole issue in this appeal is whether appellant's prosecution in circuit court for two felony charges of distributing marijuana on school property was barred under the provisions of Code § 19.2-294 due to two prior convictions in general district court for distributing marijuana, which convictions were based on the same acts. Code § 19.2-294 provides in pertinent part that "[i]f the same act...

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