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LYNCH v. COM.

Record No. 0107-04-1.

617 S.E.2d 399 (2005)

46 Va. App. 342

Lester Bernard LYNCH, Jr. v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia, Chesapeake.

August 16, 2005.

Attorney(s) appearing for the Case

L. Steven Emmert (Sykes, Bourdon, Ahern & Levy, P.C., on briefs), for appellant.

Paul C. Galanides, Assistant Attorney General (Jerry W. Kilgore, Attorney General, on brief), for appellee.

Present: BENTON, HUMPHREYS and CLEMENTS, JJ.

HUMPHREYS, Judge.

Appellant Lester B. Lynch ("Lynch") appeals his convictions, following a jury trial, for first-degree murder, statutory burglary, robbery, and three counts of using a firearm in the commission of a felony. On appeal, Lynch contends that the trial court erroneously admitted an out-of-court statement under the adoptive admission exception to the hearsay rule. For the reasons that follow, we disagree, and affirm his convictions.

I. BACKGROUND...

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