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SIMMONS v. COM.

Record No. 0542-08-2.

681 S.E.2d 56 (2009)

54 Va. App. 594

Lynell Butler SIMMONS v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia, Richmond.

August 18, 2009.

Attorney(s) appearing for the Case

John A. March for appellant.

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

Present: ELDER and POWELL and COLEMAN, S.J.

COLEMAN III, Judge.

Lynell Butler Simmons was convicted of murder, attempted murder, attempted robbery, and related firearms charges. On appeal, Simmons maintains his attempted murder conviction is void because he was never arraigned and never entered a plea on that charge. For the reasons that follow, we disagree and affirm his conviction.

Background

In the early morning hours of June 10, 2007, Jalier Burleigh and his cousin, Jamar Blackwell...

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