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MOORE v. COM.

Record No. 052619.

636 S.E.2d 395 (2006)

David Lee MOORE v. COMMONWEALTH of Virginia.

Supreme Court of Virginia.

November 3, 2006.

Attorney(s) appearing for the Case

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

Leah A. Darron, Senior Assistant Attorney General (Robert F. McDonnell, Attorney General; J. Robert Bryden, II, Assistant Attorney General, on brief), for appellee.

Present: HASSELL, C.J., and LACY, KEENAN, KINSER, LEMONS, and AGEE, JJ., and CARRICO, S.J.

OPINION BY Senior Justice HARRY L. CARRICO.

This appeal implicates Code § 19.2-74(A)(1). In pertinent part, this Code section provides that when a police officer detains a person for a Class 1 misdemeanor, the officer "shall . . . issue a summons . . . to appear at a time and place to be specified in such summons," and "[u]pon the giving by such person of his written promise to appear at such time and place, the officer shall forthwith release him from custody...

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