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LEGETTE v. COM.

Record No. 1893-99-2.

532 S.E.2d 353 (2000)

33 Va. App. 221

Aaron Mardie LEGETTE v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia, Richmond.

August 15, 2000.

Attorney(s) appearing for the Case

Gregory W. Franklin, Assistant Public Defender (Office of the Public Defender, on brief), for appellant.

John H. McLees, Jr., Senior Assistant Attorney General (Mark L. Earley, Attorney General, on brief), for appellee.

Present: BENTON, BUMGARDNER and FRANK, JJ.,

FRANK, Judge.

Aaron Mardie Legette (appellant) appeals his conviction of malicious wounding. On appeal, he contends the trial court erred in convicting him and sentencing him for malicious wounding because he was indicted for unlawful wounding. We agree and remand for re-sentencing.

I. PROCEDURAL HISTORY

Appellant was indicted on May 13, 1999, for unlawful wounding.1 At trial...

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