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SOUTHERLY v. COM.

Record No. 3064-99-3.

536 S.E.2d 452 (2000)

33 Va. App. 650

Nathan Todd SOUTHERLY v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia, Salem.

November 7, 2000.

Attorney(s) appearing for the Case

A. Gene Hart, Jr. (A. Gene Hart, Jr., P.C., on briefs), Harrisonburg, for appellant.

Stephen R. McCullough, Assistant Attorney General (Mark L. Earley, Attorney General, on brief), for appellee.

Present: COLEMAN, WILLIS and ELDER, JJ.

WILLIS, Judge.

In this appeal, we consider (1) whether the trial court erred in holding that Rule 3A:9(b) prohibited its consideration of Nathan Todd Southerly's motion to set aside his convictions and (2) whether the fact that Southerly was eighteen years old when petitions were obtained charging him with offenses committed while he was a juvenile excused the Commonwealth from compliance with the notice requirements of Code § 16.1-263(A). Because the trial court...

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