COM. v. RICE

Record No. 0961-98-2.

504 S.E.2d 877 (1998)

28 Va. App. 374

COMMONWEALTH of Virginia v. Richard H. RICE.

Court of Appeals of Virginia.

September 29, 1998.


Attorney(s) appearing for the Case

John H. McLees, Jr., Assistant Attorney General (Mark L. Earley, Attorney General, on brief), for appellant.

Andre A. Hakes (Gallo and Hakes, on brief), Palmyra, for appellee.

Present: ELDER and LEMONS, JJ., and COLE, Senior Judge.


LEMONS, Judge.

Richard H. Rice was indicted for carrying a concealed weapon after having been previously convicted of a felony, a violation of Code § 18.2-308.2. By order dated April 23, 1998, the Circuit Court for the County of Albemarle granted Rice's motion to suppress the weapon. The Commonwealth appealed and, for the reasons stated below, we reverse and remand.

BACKGROUND

On June 2, 1997, Officer Mike Wagner of the Albemarle County Police...

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