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ASKEW v. COM.

Record No. 1966-05-1.

638 S.E.2d 118 (2006)

49 Va. App. 127

Earl Eugene ASKEW v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia, Chesapeake.

December 12, 2006.

Attorney(s) appearing for the Case

Charles E. Haden, for appellant.

Robert Bryden, Assistant Attorney General (Robert F. McDonnell, Attorney General; Richard B. Smith, Senior Assistant Attorney General, on brief), for appellee.

Present: KELSEY, McCLANAHAN, JJ., and WILLIS, Senior Judge.

ELIZABETH A. McCLANAHAN, Judge.

Earl Eugene Askew appeals the trial court's denial of his motion for bail pending the appeal of his underlying conviction for possession of a firearm as a convicted felon. Askew contends the court erred in ruling it was divested of jurisdiction to consider the motion because Askew filed the motion subsequent to filing his notice of appeal on the firearm conviction. For the following reasons, we reverse the trial court and remand for...

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