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WASHINGTON v. COM.

Record No. 0881-00-4.

543 S.E.2d 638 (2001)

35 Va. App. 202

Darrell WASHINGTON v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia, Alexandria.

March 27, 2001.

Attorney(s) appearing for the Case

Janell M. Wolfe, Arlington, for appellant.

Virginia B. Theisen, Assistant Attorney General (Mark L. Earley, Attorney General, on brief), for appellee.

Present: FITZPATRICK, C.J., and WILLIS and CLEMENTS, JJ.

FITZPATRICK, Chief Judge.

Darrell Washington (appellant) was convicted in a jury trial of robbery, in violation of Code § 18.2-58, and use of a firearm while committing a robbery, in violation of Code § 18.2-53.1. On appeal, he contends (1) his second trial violated the Fifth Amendment's Double Jeopardy Clause1 and (2) the evidence was insufficient to prove his guilt. We agree that the double jeopardy prohibition bars his second...

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