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MOYER v. COM.

Record No. 2959-97-2.

531 S.E.2d 580 (2000)

33 Va. App. 8

Gregory Allen MOYER v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia, Richmond.

July 25, 2000.

Attorney(s) appearing for the Case

W. Reilly Marchant (Thorsen, Marchant & Scher, L.L.P., on brief), Richmond, for appellant.

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

Present: FITZPATRICK, C.J., and BENTON, COLEMAN, ELDER, BRAY, BUMGARDNER and HUMPHREYS, JJ., and COLE, Senior Judge.

UPON A REHEARING EN BANC

ELDER, Judge.

Gregory A. Moyer (appellant) was convicted in a bench trial on fourteen counts of taking indecent liberties with a minor pursuant to Code § 18.2-370.1. On appeal, he contends the trial court erroneously ruled that (1) police seizure of his personal journals pursuant to a search warrant and the admission of the journals into evidence did not violate his Fourth or Fifth Amendments rights; (2) buttocks are "sexual...

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