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DAVIS v. COM.

Record Nos. 1716-00-2, 1813-00-2.

549 S.E.2d 631 (2001)

36 Va. App. 291

Robert Sylvester DAVIS, Jr., v. COMMONWEALTH of Virginia. Isham D. Davis v. Commonwealth of Virginia.

Court of Appeals of Virginia, Alexandria.

July 31, 2001.

Attorney(s) appearing for the Case

(Cary B. Bowen; Bowen, Bryant, Champlin & Carr, Richmond, on brief), for appellant Robert Sylvester Davis, Jr. Appellant submitting on brief.

William T. Linka (Boatwright & Linka, on brief), Richmond, for appellant Isham D. Davis.

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

Present: ANNUNZIATA, BUMGARDNER and CLEMENTS, JJ.

ANNUNZIATA, Judge.

The appellants, Robert Sylvester Davis, Jr. and Isham D. Davis, appeal the sentences imposed by a jury impaneled for the purpose of resentencing them upon their conviction for second degree murder, in violation of Code § 18.2-32. The two appellants and a third codefendant, Jermaine Harris, were originally tried jointly and appealed their respective sentences. Upon remand by this Court, the jury resentenced all three codefendants to twelve years...

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