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MOORE v. COM.

Record No. 2648-03-1.

622 S.E.2d 253 (2005)

47 Va. App. 55

David Lee MOORE v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia, Richmond.

November 22, 2005.

Attorney(s) appearing for the Case

S. Jane Chittom, Appellate Defender (Virginia Indigent Defense Commission, on brief), for appellant.

Susan L. Parrish, Assistant Attorney General (Judith Williams Jagdmann, Attorney General, on brief), for appellee.

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

HUMPHREYS, Judge.

This matter comes before the Court on rehearing en banc from a divided panel opinion issued February 22, 2005. David Lee Moore ("Moore") argues on appeal that his conviction for possession of cocaine with intent to distribute should be reversed because the trial court erred in denying his motion to suppress. Moore reasons that, because his underlying arrest for driving on a suspended license violated...

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