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CAPRINO v. COM.

Record No. 2272-07-4.

670 S.E.2d 36 (2008)

53 Va. App. 181

Charles CAPRINO v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia, Richmond.

December 23, 2008.

Attorney(s) appearing for the Case

Joseph A. Sadighian (Joseph R. Winston; Office of the Appellate Defender, on briefs), Richmond, for appellant.

Eugene Murphy, Senior Assistant Attorney General (Robert F. McDonnell, Attorney General; Karri B. Atwood, Assistant Attorney General, on brief), for appellee.

Present: CLEMENTS, KELSEY and BEALES, JJ.

KELSEY, Judge.

A jury convicted Charles Caprino of second-degree murder, attempted malicious wounding, and felonious use of a firearm. Caprino took the stand at trial and claimed he acted in self-defense. Over Caprino's objection, the prosecutor called a detective as a rebuttal witness to impeach Caprino's testimony as a recent fabrication presented for the first time from the witness stand. On appeal, Caprino argues his convictions should be overturned because the...

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