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DRAGHIA v. COM.

Record No. 1056-08-4.

678 S.E.2d 272 (2009)

54 Va. App. 291

Viorel DRAGHIA v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia, Richmond.

June 30, 2009.

Attorney(s) appearing for the Case

Carl Crews, Arlington, for appellant.

Robert H. Anderson, III, Senior Assistant Attorney General (Robert F. McDonnell, Attorney General, on brief1), for appellee.

Present: FELTON, C.J., and FRANK and PETTY, JJ.

FRANK, Judge.

Viorel Draghia, appellant, appeals the trial court's denial of his "Motion to Withdraw Guilty Plea and/or Alternatively for Modification of Sentence." He contends the trial court erred 1) in applying Rule 1:1 to bar his claim; 2) in finding that his motion for a writ of error coram vobis had to be advanced by a separate action and not by a motion in the underlying criminal case; and 3) in not evaluating the merits of a "writ of error coram vobis."

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