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McDUFFIE v. COM.

Record No. 0995-05-1.

638 S.E.2d 139 (2006)

49 Va. App. 170

Armel Shuron McDUFFIE v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia, Chesapeake.

December 19, 2006.

Attorney(s) appearing for the Case

Joseph R. Winston, Special Appellate Counsel (Virginia Indigent Defense Commission, on brief), for appellant.

Joshua M. Didlake, Assistant Attorney General (Robert F. McDonnell, Attorney General; Denise C. Anderson, Assistant Attorney General, on brief), for appellee.

Present: ELDER, FRANK and HALEY, JJ.

JAMES W. HALEY, JR., Judge.

Code § 18.2-137 prohibits the destruction of, inter alia, a motor vehicle "not his own" by an individual.1 Code § 18.2-102 prohibits the unauthorized use of, inter alia, a motor vehicle "not his own, without the consent of the owner" by an individual.2 Armel S. McDuffie ("appellant") maintains his conviction under both statutes is error, because, since he...

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