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PENN v. COM.

Record No. 0321-99-3.

528 S.E.2d 179 (2000)

32 Va. App. 422

Tracy Marice PENN v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia, Salem.

May 2, 2000.

Attorney(s) appearing for the Case

Vikram Kapil, Assistant Public Defender (Office of the Public Defender, on brief), for appellant.

Amy L. Marshall, Assistant Attorney General (Mark L. Earley, Attorney General; Jeffrey S. Shapiro, Assistant Attorney General, on brief), for appellee.

Present: COLEMAN, ANNUNZIATA and BUMGARDNER, JJ.

ANNUNZIATA, Judge.

Tracy Marice Penn appeals his conviction of felonious possession of a controlled substance while an inmate of a state correctional facility in violation of Code § 53.1-203(6). Penn argues (1) that the circuit court erred in deeming him to be a "prisoner" within the meaning of the statute, and (2) that the court erroneously founded its jurisdiction to try his case on Code § 53.1-205. We disagree and affirm.

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