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HOYT v. COM.

Record No. 3042-03-1.

605 S.E.2d 755 (2004)

44 Va. App. 489

Robert Thomas HOYT v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia, Chesapeake.

December 7, 2004.

Attorney(s) appearing for the Case

Charles E. Haden, for appellant.

Robert H. Anderson, III, Senior Assistant Attorney General (Jerry W. Kilgore, Attorney General, on brief), for appellee.

Present: Chief Judge FITZPATRICK, Judges ELDER and ANNUNZIATA.

ANNUNZIATA, Judge.

Robert Thomas Hoyt appeals his conviction under Code § 18.2-47(A) for abduction. He contends his conviction should be reversed because the abduction was incidental to his commission of robbery. For the following reasons, we reverse and dismiss the abduction conviction and the related conviction for using a firearm in the commission of a felony.1

I. Background

In accord with our usual standard of...

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