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CUNNINGHAM v. COM.

Record No. 0069-06-3.

643 S.E.2d 514 (2007)

49 Va. App. 605

Victor Garnette CUNNINGHAM v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia, Salem.

April 24, 2007.

Attorney(s) appearing for the Case

Brian R. Moore, Assistant Public Defender (Office of the Public Defender, on brief), for appellant.

Karen Misbach, Assistant Attorney General II (Robert F. McDonnell, Attorney General, on brief), for appellee.

Present: BENTON, ELDER and CLEMENTS, JJ.

JAMES W. BENTON, JR., Judge.

Victor Garnette Cunningham appeals his conviction for possession of marijuana with the intent to distribute. Cunningham contends the trial judge erred in refusing his pre-trial motions to suppress (i) evidence seized from his residence pursuant to a search warrant and (ii) statements he made to the police officer. We agree that the trial judge erred in denying his motion to suppress the evidence found in Cunningham's residence during the...

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