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WILLIAMS v. COM.

Record No. 0970-98-1.

514 S.E.2d 381 (1999)

29 Va. App. 696

Maurice Kevin WILLIAMS v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia, Norfolk.

May 18, 1999.

Attorney(s) appearing for the Case

(Kevin M. Diamonstein, on brief), for appellant. Appellant submitting on brief.

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

Present: COLEMAN, ANNUNZIATA and BUMGARDNER, JJ.

ANNUNZIATA, Judge.

Maurice K. Williams ("appellant") appeals his bench trial conviction of misdemeanor escape in violation of Code § 18.2-479, claiming the trial court erred in denying his motion to strike the Commonwealth's evidence. Specifically, he contends Code § 18.2-479 requires the Commonwealth to prove the class of the offense for which he was in custody at the time of the escape. We disagree and affirm.

I.

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