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ARMSTRONG v. COM.

Record No. 1388-99-3.

549 S.E.2d 641 (2001)

36 Va. App. 312

Eric Wayne ARMSTRONG v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia, Richmond.

July 31, 2001.

Attorney(s) appearing for the Case

Ronald W. Vaught, Warm Springs, for appellant.

Michael T. Judge, Assistant Attorney General (Mark L. Earley, Attorney General, on brief), for appellee.

Present: FITZPATRICK, C.J., and BENTON, WILLIS, ELDER, BRAY, ANNUNZIATA, BUMGARDNER, FRANK, HUMPHREYS, CLEMENTS and AGEE, JJ.

UPON A REHEARING EN BANC

AGEE, Judge.

Eric Wayne Armstrong, appellant, was convicted in a bench trial of possession of a firearm by a convicted felon, in violation of Code § 18.2-308.2.1 He contends the evidence was insufficient to prove that the object he possessed was a firearm because it was not "operable."

In an unpublished opinion, a divided panel of this Court affirmed...

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