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TERRY v. COM.

Record No. 1480-97-2.

516 S.E.2d 233 (1999)

30 Va. App. 192

James L. TERRY v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia, Richmond.

July 6, 1999.

Attorney(s) appearing for the Case

Buddy A. Ward, Public Defender (Office of the Public Defender, on brief), for appellant.

Donald E. Jeffrey, III, Assistant Attorney General (Mark L. Earley, Attorney General, on brief), for appellee.

Present: FITZPATRICK, C.J., BENTON, COLEMAN, WILLIS, ELDER, BRAY, ANNUNZIATA, BUMGARDNER and LEMONS, JJ., and OVERTON, Senior Judge.

UPON, A REHEARING EN BANC

LEMONS, Judge.

James L. Terry pled guilty to one count of felony carnal knowledge of a child, a violation of Code § 18.2-63. The trial judge imposed a sentence of ten years, with eight years suspended. Terry appealed the sentence imposed by the trial judge, arguing that the admission of certain evidence at the sentencing hearing violated his Sixth Amendment right to counsel. A three-judge panel of this Court reversed and remanded...

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