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STARTIN v. COM.

Record No. 2837-08-4.

690 S.E.2d 310 (2010)

56 Va. App. 26

Duane Elmer STARTIN, Jr. v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia, Richmond.

March 23, 2010.

Attorney(s) appearing for the Case

Neal Goldberg (Teresa E. McGarrity; Office of the Public Defender, on briefs), for appellant.

Craig W. Stallard, Assistant Attorney General (William C. Mims, Attorney General, on brief), for appellee.

Present: FELTON, C.J., and ELDER, FRANK, HUMPHREYS, KELSEY, McCLANAHAN, HALEY, PETTY, BEALES, POWELL and ALSTON, JJ.

CLEO E. POWELL, Judge.

Duane Elmer Startin, Jr. ("Startin") appeals two convictions for use of a firearm during the commission of a felony, in violation of Code § 18.2-53.1. Before a panel of this Court, he argued that the trial court erred in finding that the evidence was sufficient to prove that (1) the item he used during the commission of two robberies was a "firearm," and (2) he used or attempted to use a firearm or displayed a firearm in a threatening manner...

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