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HARRIS v. COMMONWEALTH

Record No. 1933-99-2.

533 S.E.2d 1 (2000)

33 Va. App. 290

Allen Lamont HARRIS v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia, Chesapeake.

August 29, 2000.

Attorney(s) appearing for the Case

(Derek E. Leake; Taylor, Taylor & Taylor, on brief), Richmond, for appellant. Appellant submitting on brief.

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

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

HUMPHREYS, Judge.

Allen Lamont Harris appeals his convictions in a jury trial for murder in the second degree and grand larceny. He contends the trial court erred (1) in instructing the jury following a question by a juror regarding the failure of the parties to call a particular individual as a witness, and (2) failing to impanel a new jury for sentencing purposes when the jury recommended a sentence greater than the statutory maximum which existed on the date of...

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