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WINSTON v. COM.

Record Nos. 040686, 040687.

604 S.E.2d 21 (2004)

268 Va. 564

Leon Jermain WINSTON v. COMMONWEALTH of Virginia.

Supreme Court of Virginia.

November 5, 2004.

Attorney(s) appearing for the Case

B. Leigh Drewry (Glenn Berger; Cunningham & Drewry; Berger & Thornhill, Altavista, on briefs, for appellant.

Robert Q. Harris, Senior Assistant Attorney General (Jerry W. Kilgore, Attorney General, on brief), for appellee.

Present: HASSELL, C.J., LACY, KEENAN, KOONTZ, LEMONS, and AGEE, JJ., and RUSSELL, S.J.

OPINION BY Justice DONALD W. LEMONS.

In these appeals, we consider three capital murder convictions and three death sentences imposed upon Leon Jermain Winston, along with his convictions upon two counts of attempted robbery, statutory burglary, malicious discharge of a firearm, and five counts of use of a firearm in the commission of a felony.

I. Facts and Proceedings Below

A. Background

On the morning of Friday, April 19, 2002, Rhonda...

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