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MOSES v. COM.

Record No. 0985-03-3.

611 S.E.2d 607 (2005)

45 Va. App. 357

Kenneth Samuel MOSES v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia, Richmond.

April 12, 2005.

Attorney(s) appearing for the Case

Eric G. Peters, Sr., Lynchburg, for appellant.

Deana A. Malek, Assistant Attorney General (Jerry W. Kilgore, Attorney General, on briefs), for appellee.

Present: FITZPATRICK, C.J., and BENTON, ELDER, FRANK, HUMPHREYS, CLEMENTS, FELTON, KELSEY and McCLANAHAN, JJ.

UPON REHEARING EN BANC

D. ARTHUR KELSEY, Judge.

Kenneth Samuel Moses challenges his conviction on two counts of making an obscene display or exposure in violation of Code § 18.2-387. Finding no error in the trial court's application of the statute to this case, we affirm.

I.

On appeal, we review the evidence in the "light most favorable" to the Commonwealth. Commonwealth v. Hudson, 265 Va. 505

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