McDANIEL v. COM.

Record No. 2152-97-1.

506 S.E.2d 21 (1998)

28 Va. App. 432

28 Va. App. 432

David A. McDANIEL v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia, Norfolk.

October 27, 1998.


Attorney(s) appearing for the Case

James B. Thomas, Hampton, for appellant.

Ruth Ann Morken, Assistant Attorney General (Mark L. Earley, Attorney General, on brief), for appellee.

Present: BENTON, ELDER and LEMONS, JJ.


BENTON, Judge.

Prior to trial, David A. McDaniel filed a motion to suppress statements he made to the police. The trial judge denied the motion and, after a bench trial, convicted McDaniel of statutory burglary, grand larceny, and receiving stolen property. On appeal, McDaniel contends the police interrogated him in violation of his Fifth Amendment right to counsel and the trial judge erred in refusing to suppress his statement. For the reasons that follow, we reverse...

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