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McNAMARA v. COM.

Record No. 2849-08-4.

692 S.E.2d 648 (2010)

56 Va. App. 238

Garrett Scott McNAMARA v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia, Alexandria.

May 18, 2010.

Attorney(s) appearing for the Case

Lauren Whitley, Assistant Public Defender (Brienne Schaefer, Assistant Public Defender; Office of the Public Defender, on briefs), for appellant.

Erin M. Kulpa, Assistant Attorney General (William C. Mims, Attorney General, on brief), for appellee.

Present: HUMPHREYS, KELSEY and PETTY, JJ.

PETTY, Judge.

A jury convicted Garrett Scott McNamara of a misdemeanor offense for possessing a machete on school grounds in violation of Code § 18.2-308.1(A).1 On appeal, McNamara argues that because the machete is a knife within the meaning of Code § 18.2-308.1(B)(vi), his possession of the machete was legal. For the reasons stated below, we agree with McNamara and reverse his conviction.

I. BACKGROUND

The...

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