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SMITH v. COM.

Record No. 0422-09-1.

693 S.E.2d 765 (2010)

56 Va. App. 351

David SMITH v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia, Richmond.

June 15, 2010.

Attorney(s) appearing for the Case

S. Jane Chittom, Appellate Defender (Office of the Appellate Defender, on briefs), for appellant.

Robert H. Anderson, III, Senior Assistant Attorney General (William C. Mims, Attorney General, on brief), for appellee.

Present: FRANK, HUMPHREYS and PETTY, JJ.

HUMPHREYS, Judge.

BACKGROUND

Following the trial court's denial of his motion to suppress,1 David Smith ("Smith") entered into an agreement to plead guilty to abduction and forcible sodomy on July 24, 2008. As part of that agreement, Smith reserved the right to appeal the trial court's denial of his motion. Smith timely filed both his notice of appeal and petition for appeal, but failed to file the transcript from his suppression...

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