SAPP v. COM.

No. 011244.

559 S.E.2d 645 (2002)

263 Va. 415

Dequan Shakeith SAPP, v. COMMONWEALTH of Virginia.

Supreme Court of Virginia.

March 1, 2002.


Attorney(s) appearing for the Case

David B. Olson, Newport News (Cope, Olson & Yoffy, on brief), for appellant.

H. Elizabeth Shaffer, Asst. Atty. Gen. (Randolph A. Beales, Atty. Gen., on brief), for appellee.

Present All the Justices.


Opinion by Justice DONALD W. LEMONS.

In this appeal, we consider whether the trial court abused its discretion by admitting into evidence prior testimony given at a preliminary hearing by two witnesses who did not wish to testify at trial and were therefore deemed "unavailable."

I. Facts and Proceedings Below

Dequan Shakeith Sapp ("Sapp") was charged with robbery, malicious wounding, and two counts of use of a firearm in the commission of those felonies...

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