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TURNER v. COM.

Record No. 0938-01-1.

568 S.E.2d 468 (2002)

38 Va. App. 851

Barry TURNER v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia, Chesapeake.

August 27, 2002.

Attorney(s) appearing for the Case

Michael J. Lutke (Office of the Public Defender, on brief), for appellant.

Jennifer R. Franklin, Assistant Attorney General (Jerry W. Kilgore, Attorney General, on brief), for appellee.

Present: BRAY, BUMGARDNER and CLEMENTS, JJ.

BRAY, Judge.

Barry Turner (defendant) was convicted by a jury for possession of a firearm by a convicted felon in violation of Code § 18.2-308.2. In proof of the predicate prior felony, the Commonwealth relied upon the earlier conviction of defendant by general court-martial for "Housebreaking," in violation of Article 130, Uniform Code of Military Justice (UCMJ), 10 U.S.C. § 930 (1998),1 while he served in the armed forces....

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