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FERGUSON v. COM.

Record No. 0748-06-3.

663 S.E.2d 505 (2008)

52 Va. App. 324

Michael Ray FERGUSON, Jr. v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia, Richmond.

July 22, 2008.

Attorney(s) appearing for the Case

Glenn L. Berger (Berger & Thornhill, on brief), Altavista, for appellant.

Josephine F. Whalen, Assistant Attorney General II (Robert F. McDonnell, Attorney General, on brief), for appellee.

Present: FELTON, C.J., and ELDER, FRANK, HUMPHREYS, CLEMENTS, KELSEY, McCLANAHAN, HALEY, PETTY, BEALES and MILLETTE, JJ.

UPON A REHEARING EN BANC

FRANK, Judge.

Michael Ray Ferguson, Jr., appellant, was convicted of burglary, in violation of Code § 18.2-91, and grand larceny, in violation of Code § 18.2-95.1 On appeal, appellant contends that the trial court erred in denying his motion to suppress statements he made to police officers. Appellant argues that these statements were taken in violation of his Fifth Amendment right to counsel...

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