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JERMAN v. COM.

Record No. 1183-00-4.

541 S.E.2d 307 (2001)

34 Va. App. 323

Timothy JERMAN v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia, Alexandria.

February 13, 2001.

Attorney(s) appearing for the Case

John A. Keats, Fairfax, for appellant.

Robert H. Anderson, III, Senior Assistant Attorney General (Mark L. Earley, Attorney General, on brief), for appellee.

Present: FITZPATRICK, C.J., WILLIS, J., and OVERTON, Senior Judge.

FITZPATRICK, Judge.

Timothy Jerman (appellant) was convicted in a jury trial of second-degree murder and abduction. On appeal, he contends the jury should have been instructed that parole in Virginia has been abolished. We agree, reverse his sentence and remand to the trial court for a new sentencing hearing.

I.

On November 17, 1999, appellant was convicted of the second-degree murder and abduction of Justin Radigan. The jury was then instructed...

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