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ELLIOTT v. COM.

Record Nos. 003014, 010038.

593 S.E.2d 263 (2004)

267 Va. 464

Richard J. ELLIOTT, v. COMMONWEALTH of Virginia. Jonathan O'Mara, v. Commonwealth of Virginia.

Supreme Court of Virginia.

March 5, 2004.

Attorney(s) appearing for the Case

James O. Broccoletti (Zoby & Broccoletti, on briefs), Norfolk, for appellant.

William H. Hurd, State Solicitor (Jerry W. Kilgore, Attorney General; Maureen Riley Matsen, Deputy State Solicitor; William E. Thro, Deputy State Solicitor, on brief), for appellee.

Kevin E. Martingayle (Stallings & Richardson, on briefs), for appellant.

William H. Hurd, State Solicitor (Jerry W. Kilgore, Attorney General; Maureen Riley Matsen, Deputy State Solicitor; William E. Thro, Deputy State Solicitor, on brief), for appellee.

Present: HASSELL, C.J., LACY, KOONTZ, KINSER, LEMONS, and AGEE, JJ., and COMPTON, S.J.

LEMONS, Justice.

On remand from the Supreme Court of the United States, we consider the proper construction of the prima facie evidence provision of Code § 18.2-423 and the severability of the provision from the core provisions of the statute. Additionally, we consider whether the convictions of the defendants should be vacated and dismissed, vacated with the opportunity for the Commonwealth to retry the defendants, or whether the convictions should be affirmed...

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