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O'MARA v. COM.

Record Nos. 0992-99-1, 0997-99-1.

535 S.E.2d 175 (2000)

33 Va. App. 525

Jonathan Stephen O'MARA v. COMMONWEALTH of Virginia. Richard J. Elliott v. Commonwealth of Virginia.

Court of Appeals of Virginia, Chesapeake.

October 3, 2000.

Attorney(s) appearing for the Case

Kevin E. Martingayle (Stallings & Richardson, P.C., on briefs), Virginia Beach, for Jonathan Stephen O'Mara.

James O. Broccoletti (Zoby & Broccoletti, on brief), Norfolk, for Richard J. Elliott.

H. Elizabeth Shaffer, Assistant Attorney General; John H. McLees, Jr., Senior Assistant Attorney General (Mark L. Earley, Attorney General, on briefs), for appellee.

Present: COLEMAN, BRAY and BUMGARDNER, JJ.

BRAY, Judge.

Pursuant to the terms of a plea agreement, Jonathan O'Mara pled guilty to "Attempted Cross Burning" and "Conspiracy to Commit a Felony," violations of Code §§ 18.2-423 and 18.2-22, respectively, expressly reserving the right to appeal a prior order of the trial court which denied his challenge to the constitutionality of Code § 18.2-423. In a separate proceeding, Richard J. Elliott, codefendant with O'Mara, was convicted by a jury for attempted...

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