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WHITE v. COMMONWEALTH

Record No. 2699-00-2.

561 S.E.2d 12 (2002)

37 Va. App. 658

Marquis Lovelle WHITE, s/k/a Marquis Lavelle White v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia, Richmond.

March 19, 2002.

Attorney(s) appearing for the Case

Robert H. Morrison, Halifax (Watson, Nelson, Morrison & Miller, P.C., on brief), for appellant.

H. Elizabeth Shaffer, Assistant Attorney general (Randolph A. Beales, Attorney General, on brief), for appellee.

Present: ELDER, FRANK and HUMPHREYS, JJ.

ELDER, Judge.

Marquis Lovelle White, sometimes known as Marquis Lavelle White (appellant), appeals from his jury trial convictions for second degree murder and use of a firearm in the commission of murder. On appeal, he contends the trial court's denial of his motion to dismiss violated Code § 19.2-243, the speedy trial statute, because he was held "continuously in custody" for more than five months before trial. The Commonwealth contends appellant waived his...

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