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FRAZIER v. COM.

Record No. 2512-01-3.

579 S.E.2d 628 (2003)

40 Va. App. 350

Shakeva Quarleat FRAZIER v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia, Salem.

April 29, 2003.

Attorney(s) appearing for the Case

S. Jane Chittom, Appellate Defender (Public Defender Commission, on briefs), for appellant.

H. Elizabeth Shaffer, Assistant Attorney General (Jerry W. Kilgore, Attorney General, on brief), for appellee.

Present: FITZPATRICK, C.J., ELDER, J. and COLEMAN, Senior Judge.

ELDER, Judge.

Shakeva Quarleat Frazier (appellant) appeals from her bench trial conviction for aiding and abetting a failure to appear in court in violation of Code § 19.2-128(B). On appeal, she contends the trial court's admission of her testimony from the previous trial of her boyfriend violated Code § 19.2-270. We hold the prior testimony was inadmissible against appellant under Code § 19.2-270 because it was not "a statement ... made when [she was...

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