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COM. v. MORRIS

Record Nos. 092163, 092346.

705 S.E.2d 503 (2011)

COMMONWEALTH of Virginia v. Emmanuel MORRIS Commonwealth of Virginia v. Wellyn Flores Chan.

Supreme Court of Virginia.

January 13, 2011.

Attorney(s) appearing for the Case

Robert H. Anderson III , Senior Asst. Atty. Gen. ( Kenneth T. Cuccinelli II , Atty. Gen., on briefs), for appellant in No. 092346.

Megan B. Caramore ( Trey R. Kelleter , Vendeventer Black, on brief), for appellee in No. 092346.

Virginia Association of Criminal Defense Lawyers ( Marvin D. Miller , John R. Maus , on brief), for Amicus Curiae, in support of appellee in No. 092346.

Krista Boucher , Deputy Commonwealth's Atty. ( S. Randolph Sengel , Commonwealth's Atty., on brief), for appellant in No. 092163.

Jennifer S. Varughese (Livesay & Myers, on brief), for appellee in No. 092163.

Present: All the Justices.

OPINION BY Justice DONALD W. LEMONS.

In these two appeals in which criminal defendants were convicted and sentenced pursuant to guilty pleas, we consider whether each of the trial courts erred by granting motions for writs of error coram vobis1 and audita querela to modify the criminal sentences imposed several years previously.

I. Facts and Proceedings Below

A. Commonwealth of Virginia v. Emmanuel Morris

Emmanuel...

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