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GASTON v. COMMONWEALTH

Record No. 022303.

585 S.E.2d 596 (2003)

266 Va. 175

John Fitzgerald GASTON v. COMMONWEALTH of Virginia.

Supreme Court of Virginia.

September 12, 2003.

Attorney(s) appearing for the Case

Gordon A. Zedd, Norfolk, for appellant.

Leah A. Darron, Asst. Atty. Gen. (Jerry W. Kilgore, Atty. Gen., on brief), for appellee.

Present: HASSELL, C.J., LACY, KOONTZ, KINSER, LEMONS, and AGEE, JJ., and STEPHENSON, Senior Judge.

PER CURIAM.

John Fitzgerald Gaston filed a motion in the Circuit Court of the City of Norfolk, pursuant to Code § 19.2-327.1, seeking post-trial scientific analysis of certain evidence. Following a hearing, the circuit court denied Gaston's motion. On February 5, 2003, we awarded Gaston this appeal and also directed the parties to brief the issue "whether this Court has jurisdiction to hear this appeal." We conclude that this Court does not have jurisdiction...

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