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PERRY v. COM.

Record No. 2573-99-2.

533 S.E.2d 651 (2000)

33 Va. App. 410

Gary Dean PERRY v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia, Chesapeake.

September 12, 2000.

Attorney(s) appearing for the Case

S. Jane Chittom, Appellate Counsel (Public Defender Commission, on briefs), for appellant.

Leah A. Darron, Assistant Attorney General (Mark L. Earley, Attorney General, on brief), for appellee.

Present: COLEMAN and HUMPHREYS, JJ., and OVERTON, Senior Judge.

OVERTON, Senior Judge.

In the trial court, appellant, utilizing the procedure approved in North Carolina v. Alford, 400 U.S. 25, 91 S.Ct. 160, 27 L.Ed.2d 162 (1970), entered pleas of guilty to grand larceny and to breaking and entering. Appellant contends that because the Commonwealth's evidence failed to prove the structure allegedly entered was a structure permanently affixed to realty or other structure included in Code ....

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