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KEARNEY v. COM.

Record No. 0080-99-1.

549 S.E.2d 1 (2001)

36 Va. App. 106

Anthony KEARNEY v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia, Richmond.

July 10, 2001.

Attorney(s) appearing for the Case

Robert E. Kowalsky, Jr., Chesapeake, for appellant.

Richard B. Smith, Senior Assistant Attorney General (Mark L. Earley, Attorney General, on briefs), for appellee.

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

UPON A REHEARING EN BANC

BUMGARDNER, Judge.

A jury convicted Anthony Kearney of second degree murder and use of a firearm in the commission of a felony. A divided panel of this Court reversed and remanded the murder charge for re-sentencing but affirmed the conviction for use of a firearm. Kearney v. Commonwealth, 32 Va.App. 790, 531 S.E.2d 23 (2000). We granted the Commonwealth...

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