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ALLEN v. COM.

Record No. 1134-00-3.

549 S.E.2d 652 (2001)

36 Va. App. 334

Reginald Lee ALLEN v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia, Salem.

July 31, 2001.

Attorney(s) appearing for the Case

Joseph R. Winston, Special Appellate Counsel (Public Defender Commission, on brief), for appellant.

Leah A. Darron, Assistant Attorney General (Mark L. Earley, Attorney General, on brief), for appellee.

Present; BRAY, CLEMENTS and AGEE, JJ.

AGEE, Judge.

Reginald Lee Allen (the appellant) was convicted, in a bench trial, in the Circuit Court for the City of Danville of fourth offense larceny, a felony, in violation of Code § 18.2-104. The appellant was sentenced to serve a term of four years incarceration on May 1, 2000, with a portion suspended. The appellant appeals his conviction, averring the circuit court erred in failing to dismiss his indictment. For the following reasons, we agree with the...

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