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ARMSTEAD v. COM.

Record No. 1132-08-2.

685 S.E.2d 876 (2009)

55 Va. App. 354

Kevin Lamont ARMSTEAD v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia, Richmond.

December 15, 2009.

Attorney(s) appearing for the Case

Mary K. Martin for appellant.

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

Present: ELDER, HUMPHREYS and ALSTON, JJ.

ALSTON, Judge.

Kevin Lamont Armstead (appellant) appeals his conviction for unlawful shooting at an occupied vehicle, in violation of Code § 18.2-154. Appellant contends that double jeopardy bars his conviction, because he was previously tried and convicted of assault, arising out of the same events. Appellant argues that assault is a lesser-included offense of unlawful shooting at an occupied vehicle. For the reasons stated, we disagree with appellant and affirm...

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