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SEVACHKO v. COM.

Record No. 2513-98-2.

544 S.E.2d 898 (2001)

35 Va. App. 346

Steven Christopher SEVACHKO v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia, Richmond.

April 24, 2001.

Attorney(s) appearing for the Case

Edmund R. Michie, Charlottesville, for appellant.

Kathleen B. Martin, Assistant Attorney General, (Mark L. Earley, Attorney General, on brief), for appellee.

Present: FITZPATRICK, C.J., and BENTON, WILLIS, ELDER, ANNUNZIATA, BUMGARDNER, FRANK, HUMPHREYS and CLEMENTS, JJ., and COLEMAN, Senior Judge.

UPON A REHEARING EN BANC

COLEMAN, Senior Judge.

Steven Christopher Sevachko was convicted by a jury of perjury, in violation of Code § 18.2-434. The basis for the perjury conviction was that Sevachko had testified falsely under oath at his trial for driving on a suspended license when he testified that he had not been driving. The Commonwealth attempted to prove that Sevachko had testified falsely about not driving by proving through the arresting officer...

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