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LOFGREN v. COM.

Record No. 1349-08-2.

684 S.E.2d 223 (2009)

55 Va. App. 116

Jon Eric LOFGREN v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia, Richmond.

November 3, 2009.

Attorney(s) appearing for the Case

Angela D. Whitley (Boone Beale, on brief), for appellant.

Richard B. Smith, Special Assistant Attorney General (William C. Mims, Attorney General, on brief), for appellee.

Present: ELDER and ALSTON, JJ., and CLEMENTS, Senior Judge.

CLEMENTS, Judge.

Jon Eric Lofgren (appellant) appeals his conviction for violating Code § 18.2-427, use of profane, threatening or indecent language over the telephone.1 Appellant argues the evidence was insufficient to support the conviction. For the reasons stated, we agree with appellant and reverse his conviction.

Background

"When considering a challenge to the sufficiency of evidence on appeal, we review the...

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