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BARRETT v. COM.

No. 1829-99-2.

542 S.E.2d 23 (2001)

34 Va. App. 374

Calvin Lee BARRETT v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia.

February 27, 2001.

Attorney(s) appearing for the Case

Stephen C. Harris, Louisa, for appellant.

Richard B. Smith, Senior 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

ANNUNZIATA, Judge.

On June 8, 1999, Calvin Lee Barrett was convicted by a jury of assaulting a police officer in violation of Code § 18.2-57(C) and driving after having been adjudicated an habitual offender, second or subsequent offense, in violation of Code § 46.2-357. He was sentenced to prison terms of three years and five years, respectively. Barrett claims the trial court erred in refusing to grant his motion to strike...

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