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TOLIVER v. COMMONWEALTH

Record No. 0015-01-2.

561 S.E.2d 743 (2002)

38 Va. App. 27

Lerone Darnell TOLIVER, s/k/a Lerone Darrell Toliver v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia, Richmond.

April 2, 2002.

Attorney(s) appearing for the Case

Andrea C. Long (Boone, Beale, Cosby & Long, on brief), Richmond, for appellant.

Steven A. Witmer, Assistant Attorney General (Randolph A. Beales, Attorney General, on brief), for appellee.

Present: ELDER, FRANK and HUMPHREYS, JJ.

HUMPHREYS, Judge.

Lerone Darnell Toliver appeals his conviction, after a bench trial, for possession of a controlled substance with the intent to distribute within 1,000 feet of school property.1 For the reasons that follow, we reverse and remand.

I. BACKGROUND

On May 26, 2001, Officer Robert Sprinkle, of the Richmond Police Department, was informed that there were outstanding warrants for Toliver's arrest. Sprinkle...

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