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BATTS v. COM.

Record No. 0592-98-4.

515 S.E.2d 307 (1999)

30 Va. App. 1

Javier Jerome BATTS v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia, Alexandria.

June 8, 1999.

Attorney(s) appearing for the Case

Michael F. Devine, for appellant.

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

Present: FITZPATRICK, C.J., LEMONS, J., and DUFF, Senior Judge.

FITZPATRICK, Chief Judge.

Javier Jerome Batts (appellant) was convicted in a jury trial of the use of a firearm in the commission of a robbery, in violation of Code § 18.2-53.1.1 On appeal, he contends the trial court erred in instructing the jury to impose an enhanced punishment of five years for a second offense firearm conviction. For the following reasons, we vacate the five-year sentence...

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